The High Court dismissed the revision petition challenging an order accepting objections to an execution application. The court held that a decree obtained against an individual manager does not bind the Managing Committee as a distinct juristic person.
The revision petition is dismissed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No.181 of 2008 (O&M)
Date of Decision : 06.10.2009
Punjab Wakf Board
.....Petitioner
versus
Baba Kheta Nath Pradhan Polytechnic College .....Respondent
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Jai Bhagwan, Advocate, for the petitioner.
-.-
ORDER
Surya Kant, J. (Oral)
This revision petition is directed by the Punjab Wakf Board against the order dated 31.8.2007 passed by the Additional Civil Judge (Senior Division), Narnaul whereby the objections filed by the State of Haryana through the Department of Technical Education in an execution application, have been accepted.
The above-stated execution application has been filed by the petitioner-Wakf Board, seeking execution of the decree dated 27.11.1997 passed in its favour by the First Appellate Court i.e. the learned Additional District Judge, Narnaul, in an appeal against the judgment and decree dated 14.5.1991 of the Sub Judge 1st Class, Narnaul.
C.R. No.181 of 2008 (O&M) 2
It is the conceded position that the petitioner-Wakf Board filed a civil suit against one “Baba Khetanath, President Bayan Karta, Baba Kheta Nath Polytechnic College Committee, Purani Mandi, Narnaul” only. Suffice it to observe that the Management of the Polytechnic College was not arrayed as a defendant. The Management of the Polytechnic College was later on taken over by the State Government in the Department of Technical Education, Haryana. The Technical Education Department, Haryana, when came to know about the decree dated 22.11.1997 passed by the First Appellate Court in favour of the petitionerWakf Board and the pending execution proceedings, it filed its objections, inter-alia, pointing out that the subject land had been transferred to the Polytechnic College by the Municipal Committee, Narnaul and the Wakf Board had no concern whatsoever with the same.
The solitary question that arises for consideration is as to whether the Civil Court decree to which neither the previous Management of the Polytechnic College nor its successor, namely, the Technical Education Department of the State Government were party, can be executed against such Management of the College?
In my considered view, the earlier suit was filed by the Wakf Board against Baba Khetanath in his individual capacity and not against the Managing Committee' of the College though it was very much in existence. The Managing Committee is a juristic person' it is difficult to hold that the decree suffered by Baba Kheta Nath can be executed against the Management also. No fault, thus, can be found with the impugned
C.R. No.181 of 2008 (O&M) 3
order dated 31.8.2009 accepting the objections filed by the State of Haryana. This shall, however, not preclude the petitioner to institute appropriate proceedings in accordance with law.
With these observations, the revision petition is dismissed.
06-10-2009 Mohinder
(SURYA KANT) JUDGE
1 issue framed by the court
Whether a Civil Court decree obtained against an individual in their personal capacity can be executed against the Managing Committee of an institution which was not a party to the suit.
Punjab Wakf Board
Baba Kheta Nath Pradhan Polytechnic College
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
