CR No.1364 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No.1364 of 2009
Date of decision March 10, 2009
Gurdev Kaur @ Jeeto
....... Petitioner
Versus
Baldev Singh and others
........Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Ashwani Talwar, Advocate
for the petitioner.
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1. Whether reporters of local papers may be allowed
to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the
digest?
K. Kannan, J (oral).
1. The revision is against the order dismissing the
application filed under Section 151 of the Code of Civil Procedure for
restraining the execution of decree purported to have been obtained on
exercise of fraud by the decree holder. The decree lawfully obtained
cannot be taken to be invalid till it is set aside in the process known to law.
There can be no presumption that any decree is obtained by fraud, which
depends on the nature of evidence adduced on the plea of the plaintiff to
show that the decree is vitiated by any of the circumstances setforth in the
plaint.
2. The execution of the decree could be stayed only
if it is also shown that by such execution the plaintiff will be put to immense
loss and hardship and it will have to be established by necessary
averments, of the consequences, if the decree is put in execution. The
plaintiff has not even stated where her petition that she is in possession of
CR No.1364 of 2009 2
the property and that if decree is put in execution, her possession to the
property will be in any way disturbed. The immense loss and hardship that
the petitioner was bound to show before securing any interim order has not
been made before the Court below and dismissal of the petition by the
Court below. Under these circumstances, there is no warrant for interfering
with the order already passed.
3. The Civil revision petition is dismissed.
(K. KANNAN)
JUDGE
March 10, 2009
archana