Quashed

Amar Singh v. Bhagwinder Singh and Ors.

Punjab & Haryana HC29 Nov 2011CR/7328/2011

Case brief

AI extract

What is this about?

A petition seeking to set aside an execution order under Article 226 was allowed. The direction to pay an additional sum without calculation or speaking order was quashed, remanding the matter for a reasoned order after hearing both parties.

What did the court decide?

Order directed to pay Rs. 24,000 without calculation or speaking order set aside and remanded for hearing both parties.

Amar Singh Vs Bhagwinder Singh and Ors. — Execution and Attachment | Punjab & Haryana HC (2011)

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Civil Revision No.7328 of 2011(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Revision No.7328 of 2011(O&M) Date of Decision: November 29, 2011

Amar Singh

.....Petitioner

Bhagwinder Singh and others

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.....Respondents

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CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Gurcharan Dass, Advocate for the petitioner.

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.....

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RAM CHAND GUPTA, J.(Oral)

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C.M.No.28377-CII of 2011

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Application is allowed subject to all just exceptions.

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Civil Revision No.7328 of 2011

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The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 23.9.2011 passed by learned Additional Civil Judge (Senior Division), Ludhiana, in Execution No.12 dated 13.3.1999, Annexure P3, vide which present petitioner-judgment debtor was directed to pay another sum of `24,000/-.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Executing Court.

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It has been contended by learned counsel for the petitionerjudgment debtor that admittedly suit for recovery of `30,000/- along with future interest @ 12% per annum from the date of filing of the suit till realisation of the decreetal amount was passed against the present petitioner

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Civil Revision No.7328 of 2011(O&M)

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and in favour of respondents, regarding which execution petition is pending before learned Executing Court. It is further contended that admittedly he has already paid 60,000/- to the decree holders. It is further contended that however just on the asking of the respondent-decree holders, learned Executing Court has directed him to pay a sum of 24,000/- more without making any calculation and without passing any speaking order as to how `25,000/- more is to be paid by the present petitioner-judgment debtor.

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Hence, in view of these facts, the present revision petition is accepted. Impugned order passed by learned Executing Court is set aside. Learned Executing Court is directed to pass a speaking order after hearing both the parties as to how much amount remains to be paid by present petitioner-judgment debtor to respondent-decree holders, after calculating the amount as per the judgment and decree passed in favour of respondentdecree holders.

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Disposed of accordingly.

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(Ram Chand Gupta) Judge

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29.11.2011 meenu

Amar Singh v. Bhagwinder Singh and Ors.

Case brief

What is this about?

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Amar Singh v. Bhagwinder Singh and Ors.

Case brief

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