Ravaii Singh v. U.P. Avas Evarn Vikas Parishad, (S.C.) BS193208
SUPREME COURT OF INDIA

Before:-K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No.3440 of 2001 (Arising out of SLP (C) No. 5218 of 2001). D/d. 27.4.2001.

Ravail Singh & Anr. - Petitioners

Versus

U.P. Avas Evam Vikas Parishad & Anr. - Respondents

Civil Procedure Code, 1908, Order 6, Rule 17 -

JUDGMENT

Leave granted.

2. The appellants have filed execution application and later moved a petition for amending that execution application. When the amendment was allowed, the High Court, by the impugned order, reversed it holding that the appellants are not entitled to such an amendment. To resolve the problem we permit the decree holders to file a fresh execution application showing the correct amount due to them as per the decree. The present execution application will stand dismissed without prejudice to the right of the petitioners to move the execution application afresh. This new execution application is permitted to be filed without prejudice to the right of the judgment debtors to raise all contentions, including the contention raised before the High Court that the decree holders are not entitled to any further amount or that they are entitled only to a lesser amount.

3. If any such execution petition is tiled afresh, the same shall be dealt with by the execution Court untrammelled by any observations made in the impugned order. Accordingly, this appeal is disposed of.

Appeal disposed of accordingly.