Padam Singh and others Vs. Radhelal and others
Madhya Pradesh High Court (Single Judge)
SA, 1693 of 2006, Judgment Date: Mar 14, 2018
Law laid down -
Order 21 Rule 97 CPC
1. A person raising objection must show some prima-facie pleadings and material in his objection which makes it adjudicatable.
2. Executing Court is duty bound to examine the availability of bonafide adjudicatory material.
3. The adjudication mentioned in this provision need not essentially involved a detailed enquiry or collection of evidence. The Court can undertake the exercise of adjudication even on the allegations made by the obstructor.
4. In absence of minimum essential prima-facie pleadings & material, the Courts are not obliged to mechanically permit the obstructors to lead evidence.
Padam Singh and others Vs. Radhelal and others