In Civil Revision No. 3370 of 2011, the Single Judge dismissed the revision against the rejection of objections in execution proceedings, holding the decree executable and non-impleading unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No. 3370 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 3370 of 2011 Date of Decision: 20.5.2011
Asha Rani
.. Petitioner
Vs.
Brij Mohan & Ors.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR
**Present:Mr. JJ Kaur, Advocate for the petitioner. *****
ARVIND KUMAR, J.
The present petitioner-JD is aggrieved with the order dated 25.3.2011 by dint of which her objections filed in the execution proceedings for implementation of the judgment and decree dated 18.12.2007, have been dismissed.
Heard.
The objection of the petitioner-JD that the decree is not executable because no description of the property was given, does not find favour of the Court below as it was found that such an objection was adjudicated by the appellate Court below while hearing the appeal of the defendant against the judgment and decree dated 18.12.2007, by framing a specific issue and it was conclude that no doubt is there as to the identity of the property. That apart the suit property is identifiable as a separate suit for partition is being filed. So far as the objection of non-impleading of Sudesh Mittar, Manju Agnihotri and Om Wati, is concerned, it was rightly held that since they were not party to the main suit, their non-joining in the execution proceedings is not necessary.
In this view of the matter, there is no illegality or perversity in
the impugned order. Dismissed.
(ARVIND KUMAR) JUDGE
May 20, 2011 Jiten
2 issues framed by the court
Whether the decree is executable given the lack of property description.
Whether non-impleading of persons not parties to the main suit affects execution proceedings.
Asha Rani
Brij Mohan
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
