Execution petition - Dismissed indefault - Restoration - Executing Court did not error in restoring the same treating the application under O. 21 ,R.106 ,CPC as one under S.151 ,CPC which attracts no limitation

Citation

AIROnline 2023 RAJ 50

Rajasthan High Court

(JAIPUR BENCH)

MAHENDAR KUMAR GOYAL , J.

S.B. Civil Writ Petition No. - 17938 of 2019 D/- 1 - 2 - 2023

Puranchand and Ors. v. Dineshchand Brijbhushan

Civil P.C. (5 of 1908), O.21 R.105, O.21 R.106, S.151 - Execution petition - Dismissed in

default - Restoration - Execution petition was not listed for hearing, but for report on

warrant issued to JD - In view thereof, its dismissal in default could not have been under

O.21 ,R.105 ,CPC - Executing Court did not err in restoring the same treating the application

under O. 21 ,R.106 ,CPC as one under S.151 ,CPC which attracts no limitation.

 (Para 7)