AI Structured Summary
Not yet generated for this judgment
Judgment
S.P. Goyal, J.—The respondent, Punjab Fin-Financial Corporation was awarded a decree u/s 31 of the State Financial Corporation Act, 1951 and in its execution the petitioner judgment-debtor raised an objection under Order 41, Rule 6(2) of the CPC that the attached property could not be sold as the appeal against that decree was pending in the High Court. The objection was, however, over-ruled by the impugned order against which the petitioner has come up in this revision.
The provisions of Order 41, rule 6(2) of the Code of Civil Procedure, as contended by the learned counsel for the respondent, cannot be invoked because the order passed u/s 31 of the said Act is not a decree nor the appeal pending against it is governed by the provisions of Order 41. The provision for the appeal is contained in sub-section (9) of Section 32 according to which appeal lies against the order of the competent authority passed under sub-section (5) or sub-section (7) of the Act. There thus being neither a decree nor an appeal governed by the provisions of the Code of Civil Procedure, the objection raised was wholly mis-conceived and was rightly over-ruled. This petition consequently is wholly devoid of any merit and is hereby dismissed with costs.