In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 1461 of 2009
Date of decision: March 18, 2009
Shakuntla Devi
... Petitioner
vs.
Rati Bhan
... Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Surender Saini, Advocate for the petitioner. A.N. Jindal, J (oral)
Learned counsel for the petitioner states that in the Jamabandi
for the year 1988-89, as relied upon by the Civil Judge (Jr. Division),
Sonepat, in the judgment dated 24.2.1998, relates to Khasra No.141/178
whereas, the legal heirs of the Judgment Debtor, who are now the objectors,
are the owners of Khasra No.139/126, but from the impugned order, it
transpires that the objector has not mentioned if he is owner of Khasra
No.139 so also he has not produced any document showing his ownership
or possession over the said khasra number. As regards the decree against a
dead person, record reveals that the suit was filed by Rati Ban on
28.10.1994 against Mahabir defendant (whose heirs are now objectors) and
in the said suit Mahabir was proceeded against ex-parte on 28.3.1995.
Thus, if he had died on 12.10.1997, it would hardly effect the validity of the
decree as the present objector never informed the court or contested the suit.
The executing court has, thus, rightly decided the objection petition against
the present objectors.
Dismissed.
March 18, 2009 (A.N. Jindal) deepak Judge