Delhi High Court - Orders
Sohan Lal vs Sohan Lal Passi (Deceased) Thr Lrs on 13 February, 2019
Author: Anu Malhotra
Bench: Anu Malhotra
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.S.A. 1/2019 & CM 6642/2019
SOHAN LAL ..... Appellant
Through Mr. Pradeep Kumar , Adv.
versus
SOHAN LAL PASSI (DECEASED) THR LRS ..... Respondent
None
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 13.02.2019
The present Ex.S.A. is against an impugned order dated
1.10.2018 of the Court of the learned ADJ-07, South East passed in MCA No.13/17 vide which the objections filed by the objectors were declined. In view of the verdict of this Court dated 17.7.2018 in Ex. SA No.4/2014 North Delhi Power Limited vs. Mahindra Cold Storage with observations in paragraph 23 which read to the effect:
"23. Section 100 and Order XLII Rule 1 of the CPC, invoking which this Second Appeal has been preferred, provide for a Second Appeal against a decree in First Appeal against a decree in suit. All the orders made in the course of execution or even if adjudicating objections under Section 47 of the CPC have not been conferred the status of a decree. The definition of a decree in Section 2(2) of the CPC does not include such an order. Though Section 2(2) of the CPC, as it stood prior to the amendment of the CPC of the year 1976, included in the definition of decree the determination of any question within Section 47 of the CPC but vide amendment of the CPC of the year 1976, determination of any question within Section 47 is no longer a decree. Else, Order XXI only in Rules 46H, 58 and 103 makes the orders specified therein appealable. The order of the Executing Court of dismissal of objections preferred by the appellant/defendant/judgment debtor to the execution sought by the respondent/plaintiff/decree holder does not fall in that category and was not appealable.", renotify the matter for consideration on the aspect of maintainability of the present execution second appeal on 26.2.2019.
ANU MALHOTRA, J FEBRUARY 13, 2019 aj