Joginder Singh th. LR’s. vs. Dr. Virinderjit Singh Gill th. LR’s. (SC)

Code of Civil Procedure, 1908–Order 21, Rules 57, 97 r/w. Sec. 47 & 151–Objection in execution proceedings were hold maintainable by the Execution Court–Appeal against the order–Allowed–Revision petition by the appellants–Dismissed by the High Court–Justification–Ground of dismissal of revision that the appellant misapplied the provision in filing his objection before the Executing Court, in as much as the objection petition mentioned both Section 47 as also Order 21, Rules 58 & 97 of CPC–High Court found that both these sets of provisions could not be applied together–Procedural irregularity cannot defeat substantive rights or cannot subvert substantive justice–Objecter or his father already had a decree in their favour, fruits thereof cannot be denied to them by virtue of the fact that while attempting to protect their rights in a subsequent suit which would have affected their enjoyment of such property, the Sections or Orders under which they sought protection were incorrect–Matter deserves to be remanded back to First Appellate Court to take a fresh decision on the objections.