High Court of Punjab and Haryana dismissed a revision challenging an executing court that rejected objections to a decree. The court held the objection was merely a delay tactic by the petitioner who failed to stay execution.
Revision dismissed; the order dismissing objections to execution of the decree was affirmed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR 7601 of 2012
Date of Decision : December 18, 2012
Bir Singh
.....Petitioner
VERSUS
Rajender Singh
.....Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. Sanjay Mittal, Advocate
T.P.S. MANN, J. (Oral)
The judgment debtor has filed the present revision under Article 227 of the Constitution of India for challenging the order passed by the executing Court dismissing his objections to the execution of the decree.
In the suit for possession by way of specific performance filed by the respondent, the petitioner was proceeded ex parte as despite issuance of notice as well as publication, he did not put in appearance in the Court. After decreeing of the suit and at the stage of the execution of the decree, he filed an application under Order IX Rule 13 CPC for setting aside the ex parte proceedings and the decree. In the
CR 7601 of 2012 -2-
said application, he has not been able to obtain any stay regarding execution of the said decree. Under these circumstances, his raising of objection to the decree is for the sole purpose of delaying execution of the decree.
The revision is without any merit and, accordingly,
dismissed.
( T.P.S. MANN ) December 18, 2012 JUDGE ajay-1
1 issue framed by the court
Whether a revision under Article 227 is maintainable when objections raised are solely for delaying decree execution.
2 provisions across 2 enactments
Bir Singh
Rajender Singh
T.P.S. Mann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
