Sukhdev Singh v. Nishan Singh Through His Lrs

CR No. 1952 of 2023 2023:PHHC:076342

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No. 1952 of 2023 DATE OF DECISION :- May 25, 2023 Sukhdev Singh

...Petitioner

Versus

Nishan Singh (deceased) through his Lrs.

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Harchand Singh Batth, Advocate for the petitioner. Ms. Oshin Swami, Advocate for Mr. Lupil Gupta, Advocate for respondents. *** 1.

When plaintiff decree holder Nishan Singh approached the Court of Civil Judge (Junior Division), Patti for execution of a decree for recovery of Rs.3,84,000/- then the JD put in appearance and filed objections contending that plaintiff has obtained the decree fraudulently in conspiracy with the process serving agency; the JD has already filed application under Order 9 Rule 13 CPC for setting aside ex-parte decree dated 17.11.2015, therefore, the execution application be dismissed. 2.

The Executing Court vide impugned order had dismissed the objections observing that the Executing Court cannot go beyond the decree and such objections raised by the JD would be considered by the Court while disposing of the application under Order 9 Rule 13 CPC. 3.

The JD has approached this Court by way of filing the present revision petition.

PARVINDER SINGH 2023.05.26 13:50 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR No. 1952 of 2023 2023:PHHC:076342 4.

After hearing the learned counsel for the parties, I do not find any merit in the revision petition. The impugned order is quite detailed, well reasoned and does not suffer from any illegality or infirmity. I do not see any reason to interfere with such order while exercising the revisional jurisdiction.

5.

The revision petition is dismissed accordingly. (H.S. MADAAN) JUDGE May 25, 2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.05.26 13:50 I attest to the accuracy and integrity of this order/judgment Chandigarh