Pargat Singh And ORS v. Sukhdev Singh And ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.2713 of 2016 (O&M) Date of Decision.21.04.2016 Pargat Singh and others .......Petitioners Vs.

Sukhdev Singh and others ........Respondents

Present:

Mr. R.C. Setia, Senior Advocate with Mr. Vishal Ranjan, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 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.

There is no scope of objection by judgment debtor at the stage of execution that the decree was obtained by fraud. The senior counsel says that fraud vitiates all proceedings and the Court even in execution must hear the objection regarding the fraud. 2.

Admittedly, there is a second appeal pending against the decree which has been granted before this Court. The remedy of the judgment debtor who has preferred the appeal before this Court will be to secure an order of stay in the case which is pending at his instance and not cause an obstruction at the execution stage. I will decline to make any intervention.

3.

The revision petition is dismissed.

(K. KANNAN) JUDGE April 21, 2016 Pankaj* PANKAJ KUMAR 2016.04.25 11:34 I attest to the accuracy and integrity of this document