Ashan Devi & Anr vs Phulwasi Devi & Ors on 19 November, 2003
In Ashan Devi's case (supra) even as the Supreme Court had held that the Executing Court was justified in recording evidence and adjudicating claims of third party, it can't be stretched to mean that it was to be done in every case and even those cases which were liable to be rejected under the proviso to Rule 58. Therefore, none of these judgments are of any help to Appellant.