Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.10,23A,58

(a) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr.10, 23-A & 58---Application for execution of decree---Objection to sale of properties---Two objections were raised on execution application for the sale of the properties mentioned in execution application---Counsel for objectors had submitted that property owned by female objector had been leased in her favour in the year 1991 even before filing of the suit and same was acquired by her from her own resources without having any help and assistance from the decree-holder---Regarding other properties, counsel for the objectors had submitted that same were acquired by the -debtor from the funds made available by his son and for that reason the said properties were gifted in favour of his son, who was second objector in the matter---Counsel for the decree-holder submitted that female objector was a house-wife and had no independent source of income---Validity---At execution stage question could not be gone into as to who had provided the funds for the purchase of property to the female objector---Title document produced by said objector, was sufficient to prove that property belonged to female objector---Property was leased in favour of female objector even before filing of the suit and it could not be said that -debtor with intention to frustrate the decree had transferred said property in favour of the female objector---Property owned by the female objector was released from attachment, in circumstances---Regarding the properties allegedly owned by second (male) objector, who was son of -debtor, counsel for the decree-holder had submitted that from the gift-deed submitted along with the application, it was clear that gift was made by the -debtor in favour of his son (objector) after passing of the decree in the matter and that the gift was made after passing of the decree to defraud the decree-holder and to avoid execution of the decree---Counsel for objectors had produced certain documents to show that said second (male) objector had received amount through his son from aboard for purchasing the. said property---Contention of counsel for the objectors had no force for the reasons; firstly that the…

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