J.V Gupta, J.:— This revision petition is directed against the order of the executing Court dated July 29, 1988, whereby the objection petition filed on behalf of the petitioners was dismissed.
2. Manmohan Singh Narang and others, got a money decree against M/s Shivalik Savings & General Investment Ltd. When the said decree was being executed, objections were filed by the aforesaid judgment-debtors against the attachment of the house alleging that the house was owned by both of them who were husband and wife and that they had nothing to do with the money decree passed against M/s Shivalik Savings and General Investment Ltd. This objection was resisted by the decree-holders alleging that the objector Charanjit Singh is the Managing Director and the sole owner of M/s Shivalik Savings & General Investment Ltd. Therefore, the decree as such was executable against the Managing Director. The executing Court without framing any issue and allowing the parties to lead evidence, dismissed the objection petition vide impugned order dated July 29, 1988.
3. After hearing the learned counsel for the parties, I am of the considered opinion that the objection petition could not be dismissed in a summary manner. The dispute raised therein requires the recording of evidence. Therefore, the executing Court should have framed the issue and allowed the parties to lead evidence accordingly.
4. Consequently, the revision petition succeeds and is allowed. The impugned order is set aside and the case is remanded to the executing court for framing the necessary issue and to allow the parties to lead evidence. Meanwhile, the attachment will continue. The parties have been directed to appear before the executing Court on February 6, 1989. It is further directed that the evidence, if any, will be led by the parties at their own responsibility. It will help in expediting the execution proceedings.
H.L.S
Revision petition allowed.
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