Sher Singh v. Bhim Singh & ORS

CR No.8550 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.8550 of 2016 Date of decision:19.12.2016 Sher Singh ... Petitioner Vs.

Bhim Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Ajay Pal Singh, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner-decree holder is aggrieved of the impugned order dated 08.11.2016, whereby, the objections filed under Section 47 of the Code of Civil Procedure at the instance of the respondent/judgment debtors/defendants, have been partly allowed. As per the calculations as indicated in the decree sheet by also adding fees of counsel to the tune of `22,000/-, the objections at the instance of the judgment debtors in part have been allowed, in essence, qua interest, have been declined. However, regarding counsel fees, an objection has been raised on the premise that decree sheet did not envisage any costs in terms of money, much less counsel fees. Thus, the order under challenge cannot be construed taking away the right of the petitioner in respect of the costs of suit indicated in the decree sheet dated 14.08.2015, in case the Savita 2016.12.30 13:36 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.8550 of 2016 {2} aforesaid amount is not calculated. Otherwise, the impugned order is perfectly legal and justified.

With the aforementioned modification, the revision petition stands disposed of.

(AMIT RAWAL) JUDGE December 19, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.12.30 13:36 I attest to the accuracy and integrity of this document High Court Chandigarh