1. This is an application at the instance of the judgment debtor under
Section 47 of the Code of Civil Procedure whereby and whereunder the
judgment debtor has challenged the executability of the decree in its
present form and has thus prayed for dismissal of the instant
execution case.
2. In course of his argument Mr. Kothari, learned Counsel appearing on
behalf of the judgment debtor, at the very outset, draws attention of
this Court to paragraph no. 2 of the plaint, a copy of which has been
annexed with the affidavit-in-opposition of the decree holder at page
no.8. It is submitted by Mr. Kothari that on conjoint perusal of the
said plaint together with its annexures at page no.27 of the said
opposition, it would reveal that a loan of Rs.50 Lakh was granted by
the plaintiff to the defendant who is the proprietor of a firm.
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