Case Note & Summary
The respondents (original plaintiffs) filed a suit for partition, R.C.S. No. 507 of 1987, against the revision applicant (judgment debtor No. 12) and others in the Court of Civil Judge, Junior Division, Malshiras, District Solapur, seeking partition of urban property and agricultural lands. A preliminary decree for partition was passed. The respondents then filed an execution petition, Regular Darkhast No. 1 of 1992, praying that the decree insofar as it related to partition of agricultural land be sent to the Collector under Section 54 of the Code of Civil Procedure, 1908 (CPC), and for partition of other properties by the Civil Court. The revision applicant, judgment debtor No. 12, filed an objection at Exhibit 17 contending that he was a minor when the suit was filed and was not properly represented, and therefore the decree was not binding on him and could not be executed. The executing court, by order dated 15th November 2002, rejected the application. The revision applicant challenged this order in the High Court. The High Court held that the executing court cannot go behind the decree. The decree was passed after the revision applicant attained majority, and he did not challenge the decree by way of appeal or other proceedings within the period of limitation. The objection raised in execution was not maintainable. The revision application was dismissed.
Headnote
A) Civil Procedure Code - Execution of Decree - Objection to Executability - Minor's Representation - The judgment debtor, who was a minor at the time of filing of the suit, objected to the execution of a partition decree on the ground that he was not properly represented. The decree was passed after he attained majority. The executing court rejected the objection. The High Court held that the executing court cannot go behind the decree and that the judgment debtor ought to have challenged the decree by way of appeal or other proceedings within limitation. The revision was dismissed. (Paras 1-5) B) Civil Procedure Code - Section 54 - Partition of Agricultural Land - Execution - The decree for partition of agricultural land was sent to the Collector under Section 54 CPC for effecting partition. The judgment debtor's objection was filed in the execution proceedings. The High Court upheld the rejection of the objection, noting that the decree had become final and binding. (Paras 2-5)
Issue of Consideration
Whether the executing court can go behind the decree and entertain an objection that the judgment debtor was a minor and not properly represented in the suit, when the decree was passed after he attained majority and he did not challenge it within the period of limitation.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the order of the executing court rejecting the objection of the judgment debtor.
Law Points
- Execution of decree
- Objection to executability
- Minor's representation
- Section 54 CPC
- Partition decree
- Limitation for challenging decree
- Order 21 Rule 58 CPC
