Revision filed against dismissal of execution application seeking relief beyond the original decree. Court held the lower court correctly dismissed the petition as sought relief was not part of the earlier decree.
Revision petition dismissed with no order as to costs.
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C.R No. 3966 of 2009 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R No. 3966 of 2009 (O&M) Date of decision : September 03, 2009
Prem Parkash Mehta,
...... Petitioner (s)
v.
Darshan Kumar,
...... Respondent(s)
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. H.S. Grewal, Advocate for the petitioner.
*******
1. Whether Reporters of Local Newspapers may be allowed to see the
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
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AJAY TEWARI, J (Oral)
This revision has been filed against the order dated 14.3.2009 dismissing the application of the petitioner for execution of a decree passed in his favour.
The ground taken is that in the previous application, the specific relief sought for and decreed in the suit had been granted. Counsel for the petitioner has argued that even at that time the case of the petitioner was that the decree had not been fully satisfied and that is why permission had been granted to file second execution application.
However, in the second application, what the plaintiff is now seeking is a relief which was no where a part of the earlier decree and even
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C.R No. 3966 of 2009 (O&M)
of the earlier relief claimed. Consequently, no error can be found with the order of the Court below holding that the relief now sought is beyond what was granted in the earlier decree. Resultantly, this revision petition is dismissed with no order as to costs.
( AJAY TEWARI ) September 03, 2009. JUDGE `kk'
1 issue framed by the court
Whether a second execution application can be filed for a relief that was not part of the earlier decree.
Prem Parkash Mehta
Darshan Kumar
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
