Civil Revision No. 4043 of 2005
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 4043 of 2005
Date of decision: 06.08.2009
The Punjab State and others
....Petitioners
versus
Mohinder Kaur and another
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Mr. R.L. Gupta, Addl. A.G., Punjab.
***
VINOD K. SHARMA, J. (ORAL)
This revision petition is directed against the order dated
25.4.2005, passed by the learned Executing Court, vide which the
property of the judgment-debtor was ordered to be attached for recovery
of the balance decretal amount, amounting to Rs.24,927/- (Rupees
twenty four thousand nine hundred twenty seven only).
The respondent-decree-holder had moved an application for
execution, claiming therein that the total decretal amount was not paid,
as the State was insisting on adjusting the payment towards principal
first and then interest, whereas the amount towards interest was to be
adjusted first and thereafter towards principal.
The learned Executing Court, therefore, by way of order dated
15.11.2003 directed the petitioners herein to recalculate the amount paid
by them by first adjusting it towards principal and then towards interest,
and the case was adjourned to 5.1.2004, for the said purpose.
Civil Revision No. 4043 of 2005
-2-
However, in pursuance to the order passed, the petitioners
chose not to file any calculation. The calculations filed by the decree-
holder showed that an amount of Rs.24,927/- (Rupees twenty four
thousand none hundred twenty seven only) was still due under the
decree. The warrant of attachment was ordered for recovery of
Rs.24,927/- (Rupees twenty four thousand none hundred twenty seven
only), on 6.1.2004.
On 11.2.2005, the petitioner-judgment-debtors again moved an
application, claiming therein that the total decretal amount stood paid.
The application was rejected by passing the following order:
“After hearing the Ld. counsel for the DH Claimant and
Shri Dunni Chand on behalf of the JD and from perusal
of the record, it is revealed that my predecessor Shri
S.M.S. Mahal, the then Ld. Addl. District Judge in his
order dated 6.1.2004 passed a categorical order that
Rs.24,927/- remains due from the JDs and accordingly
warrants of attachment of the property of the JD
regarding the payment of Rs.24,927/- were ordered to
be issued against the JD. From the record it is revealed
that no amount has been paid by the JD so far after
6.1.2004. Even from the application so moved on behalf
of the JDs does not substantiate the objections which
may warrant the dismissal of the execution can be
gathered, nor any competent officer has come present on
behalf of the JDs in this court. The oral version on
behalf of the JDs that the amount has already been paid
to the claimant does not make any cogent ground which
may warrant the interference by way of objections in the
order passed by Shri S.M.S. Mahal, the then Ld. Addl.
District Judge dated 6.1.2004. Accordingly, the
objection petition on behalf of the JD is, hereby,
Civil Revision No. 4043 of 2005
-3-
dismissed. Warrant of attachment of the property of JD
be issued for 25.5.2005.”
Learned Additional Advocate General, Punjab, contends that
as per the calculations submitted by the petitioners, the total decretal
amount stood paid, therefore, the impugned order deserves to be set
aside.
On consideration, I find no force in the contention. The
learned Executing Court considered the calculations submitted by the
State and held that the calculations could not be accepted, as the State
had adjusted the amount first towards principal and then towards
interest. The petitioners have failed to submit any calculation in this
Court to justify their assertion that the total amount stood paid. The
calculations submitted by the State were rightly rejected being not
permissible in law.
No ground, therefore, is made out to interfere with the order
passed.
No merit.
Dismissed.
(Vinod K. Sharma)
Judge
August 06, 2009
R.S.