Jagat Ram and Others vs Jagit Singh

Jagjit-Singh respondent secured a decree for possession through pre-emption of. land measuring. 65 Karnals 12 Marlas in Basti Baba Khel, Tahsil and District Julundur, against Pritam Kaur etc. on payment of Rs. 15,880/- (including one-fifth of the pre-emption amount already deposited): The amount was to be deposited on or before July 28, 1905. According to Jagjit Singh respondent he deposited the pre-emption amount within the stipulated period but he could not get the possession of the land on account of delaying tactics of the judgment-debtors. In the execution proceedings initiated on April 13, 1977, the petitioners who claims to have purchased the lands from the judgments debtors on July 10 and 19, 1979 filed an objection petition under order dated July 31, 1982. The petitioners filed an appeal against the order of the executing Court which was dismissed by Additional District Judge, Jullundur vide order dated July 1983, being not maintainable. It is against this order that the present revision is directed.

The learned counsel for the petitioners has argued that the objection petition of the petitioners led before the existing Court hail been wrongly shown to have been filed under Order 21, R. 58 and that in fact it was an objection petition filed u/s 47 of the Civil P. C. The argument proceeds that a order passed u/s 47, Civil P. C. is appealable and the learned Additional District Judge has wrongly held otherwise. Reliance has been placed on Parshava Properties Ltd. v. A. K. Bose, AIR 1971 Pat 308. The contention is v without merit

In Parshava Properties Ltd. Vs. A.K. Bose, , it was held that the order of the executing Court u/s 47, Civil P. C., amounted to a decree within Section 2 l2) as amended by Act 104 of 1976 and being appealable at a decree no revision was maintainable. This case was taken notice of in Hasumatiben Vs. Ambalal Krishnalal Parikh, , Mst. Sarabai Agarwalla and Others Vs. Haradhan Mohapatra and Another, , Ramesh Kumar Swarup Chand Sancheti and Another Vs. Rameshwar Vallabhram Bhatwal and Another, , and the ratio thereof was not approved

In Ram Niwas v. Mithan Lal AIR 1979 P&H 282, i: was held.that an appeal against an order dismissing an objection u/s 47, Civil P. C., filed after the Amending Act No. 104 of 1576 came into force is incompetent.

The execution application was filed by the respondent-decree-holder after Act, No. 104 of.1976 came into force. In that definition of ''decree'' under S. 2(a), Civil. P. C. as amended in 1976, the wards ''the determination of any question within Section 47, Civil P. C., were excluded reform..

In other words, under the amended definition of ''decree'' after the amendment'' of 1976 an order passed u/s 47 Civil P, C. is not to be trial as such with the result that it shall cease to be appealable. The learned Additional District Judge has correctly held that the order passed by the executing Court on July 31, 1982, dismissing the objection petition filed by the petitioners u/s 47, Civil Procedure Code, is not appealable.

In the result, the revision fails and s dismissed with. no order as to costs.

Revision dismissed.