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Judgment
H.G. Ramesh, J.—I have heard learned Counsel appearing for the parties and perused the impugned order passed by the Lower Appellate Court.
Learned Counsel for the Petitioners submits that the Lower Appellate Court had erred in law in holding that the appeal was not maintainable on the sole ground that the Appellants were judgment- debtors and hence could not have maintained the application under Order 21, Rule 97 of Code of Civil Procedure. Learned Counsel submits that the approach made by the Court below is contrary to law and a judgment debtor can maintain an application under Order 21, Rule 97 of Code of Civil Procedure. Learned Counsel for the Respondent was not able to show how a judgment-debtor cannot maintain an application under Order 21, Rule 97 of Code of Civil Procedure. In my opinion, the impugned order is unsustainable in law.
In view of the above, I make the following order:
The impugned order is set aside and the matter is remitted to the Lower Appellate Court to dispose of the appeal in R.A. No. 37 of 2002 on merits and in accordance with law. Having regard to the facts of the case, I direct the Lower Appellate Court to dispose of the appeal within four weeks from the date of receipt/production of a copy of this order.
The revision petition accordingly stands disposed of.