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Shyamsunder vs. Bhagwatilal & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 21, Rule 13–Objection that the decree lacks the specific particulars of the property and it is not executable–Rejection of–Specific description of the property mentioned in the plaint filed by the respondent, has not been disputed by the petitioner–Further, the provisions of Order 21, Rule 13 were not applicable as these provide for attachment of immovable property to contain certain particulars–Application was misconceived–Furthermore, Executing Court rightly constructed the decree by referring the judgment–Contention of the petitioner that the execution of decree would cause prejudice him and the Execution Court ought to have appointed the Commissioner, are liable to be rejected as these were not raised before the Executing Court–Interference declined.