Teja Singh v. Gurmeet Singh

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2242 of 2016 Date of Decision: 30.03.2016 Teja Singh ... Petitioner(s)

Versus

Gurmeet Singh ... Respondent(s)

CORAM:

Hon'ble Mr. Justice Shekher Dhawan.

1.

Whether reporters of local newspapers may be allowed to see judgment?

Yes To be referred to reporters or not?

Whether the judgment should be reported in the Digest?

Yes

Present:

Mr. Lakhwinder Singh Sidhu, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present petition is challenge to the order dated 7.12.2015, whereby the learned Executing Court attached the salary of petitioner/judgment debtor in execution petition. Learned counsel for the petitioner mainly submitted that salary of the petitioner has been attached without issuance of any notice to the judgment debtor by the learned Executing Court and as such the impugned order is liable to be set aside. Having considered the submissions made by learned counsel for the petitioner and the impugned order, passed by the DEEPAK KUMAR BHARDWAJ 2016.04.01 17:56 I attest to the accuracy and integrity of this document

Civil Revision No. 2242 of 2016 learned Executing Court, I am of the considered view that there is no illegality in the order under challenge because the learned Executing Court has passed the impugned order for attachment of the salary of judgment debtor to the extent of 1/3rd of carry home salary after deducting the first ` 10,000/-. As the execution of decree was sought and the date of decree is 4.9.2015, no notice was required to be issued to the judgment debtor. As per provisions of Order 21 Rule 22 CPC, if an application is moved for execution of any decree and the decree is more than two years old, then the Court is required to issue notice, otherwise it is not required to be issued. Such a view was taken by the Hon'ble Apex Court in Satyanarain Bajoria v. Ramnarain Tibrewal 1994 AIR (SC) 1583 In view of above, present petition is without any merit and the same stands dismissed, in limine.

(Shekher Dhawan) Judge March 30, 2016 "DK"

DEEPAK KUMAR BHARDWAJ 2016.04.01 17:56 I attest to the accuracy and integrity of this document