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Bhagwati Construction Co. vs. Union of India

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Code of Civil Procedure, 1908–Order 21, Rule 37 & Sec. 51–Execution of decree–List of agricultural properties was filed before the Executing Court, however, the petitioner was not the owner of them–Prayer of the petitioner that he is not having any other properties and he had to go under civil imprisonment because of the impugned order–Affidavit filed by non-petitioner does not disclose that any of property is owned by the petitioner–Observation of Executing Court that the petitioner have no means and capacity to pay–Impugned order is liable to be quashed and set aside.