ISSUE:
Whether credibility must be given to the registered power of attorney executed on 12/05/2006 or the alleged agreement for sale executed on 3/11/2003?
Whether Suraj Lamp judgment apply to the facts of this case?
Whether the suit property was the subject matter in the recovery suit filed by the decree-holder/respondent?
RULE:
An objection under Order XXI should be meaningfully heard to avoid the possibility of any miscarriage of justice.
The Executing Court is duty-bound to entertain the objection in the same suit in a careful manner.
A registered General Power of Attorney, when executed genuinely and accompanied by possession, can confer valid rights on a person, protecting the property from attachment in execution proceedings unrelated to him.