Civil Revision No. 1423 of 2009 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 1423 of 2009
Date of decision: 17.03.2009.
Gurnam Singh ....Petitioner
Versus
Gian Kaur ...Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr.Padam Jain, Advocate, for the petitioner
*****
S.D.ANAND, J.
The judgment debtor is in revision against the impugned order
dated 19.2.2009 vide which the objections filed by him on 24.5.2008 were
rejected.
The copy of the objection petition is available on record as
Annexure P-2. It is apparent therefrom that a civil suit came to be decreed
exparte (in favour of decree holder-respondent and against the judgment
debtor-objector), vide judgment and decree dated 12.2.2008. It was only
much later that the petitioner-objector filed a plea for the setting aside of
the impugned exparte judgment and decree. In the present application
Annexure P-2, the petitioner-objector applied for the dismissal of the
execution, with costs thereof, on the plea that the exparte proceedings
against him had been invalidly ordered and that the petitioner-decree
holder had not been properly served to appear at the trial.
The learned counsel for the petitioner is not in a position to
Civil Revision No. 1423 of 2009 -2-
****
deny that the application under Order 9 Rule 13 C.P.C. for the setting aside
of the impugned judgment and decree stands rejected and an appeal filed
by the petitioner-judgment debtor is pending consideration of the learned
District Court. It is not even the plea that any stay application had been
filed in the appeal pending before the learned District Court.
In the light thereof, the prayer made by the petitioner-objector
for dismissal of the execution application could just not have been allowed
by the learned Executing Court.
Dismissed in limine.
March 17, 2009 (S.D.Anand) Pka Judge