The Single Judge upheld that a dismissal of an execution petition does not constitute res judicata, allowing the decree holder to file a fresh execution petition for recovery or arrest if the judgment debtor's means are subsequently proved.
Revision petition disposed of with observations allowing subsequent execution petitions.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.262 of 2015 Date of Decision.15.05.2015
Bhim Shen
.......Petitioner
Versus
Rohtash
......Respondent
Present: Mr. Rajneesh Chadwal, Advocate for the petitioner.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
K. KANNAN J. (ORAL)
judicata. Any number of applications can be filed. I clarify that the decree holder will be at liberty to file an execution petition for recovery and seek for arrest, if he proves the means of the judgment debtor to satisfy the decree.
observation.
(K. KANNAN) JUDGE
May 15, 2015 Pankaj*
PANKAJ KUMAR 2015.05.20 12:44 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a dismissal of an execution petition bars a subsequent execution petition.
Whether the decree holder can file another execution petition if means of judgment debtor are proved.
Bhim Shen
Rohtash
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
