S S GUPTA Vs. HIMMAT SINGH

JUDGEMENT

(1.) The petitioner has approached this Court against order dated 17.2.2007 of learned Civil Judge whereby he dismissed the objections of the Judgment Debtor against execution.

(2.) The Execution Petition pending before the Civil Judge was in respect of a suit filed prior to 1983. The Civil Judge gave history of the suit in paras 01 & 02 of the order which read as under:

(3.) The petitioner, who is Judgment Debtor filed an application that Mr. R.S.Rosha authorized representative had no locus standi to file an application on behalf of Decree Holder. The grievance of petitioner was that Decree Holder No.1 due to medical problems was not in a capacity to act thus, the power of attorney/authority given in favour of Mr. R.S.Rosha ceased to be a valid power of attorney. The Executing Court appointed a Local Commissioner to visit the Decree Holder No1. The Local Commissioner gave his report, to which objections were filed by the petitioner. The Local Commissioner after examining and meeting Decree Holder No.1 had categorically reported that Decree Holder No.1 was very much well in senses and able to identify his Counsel, his authorized representative and other family members and he was active in conversation however, his hands were shaking at the time of signing because of his old age. The trial Court on the basis of Local Commissioner's report dismissed the objection of the petitioner that authority of Mr. R.S.Rosha had become redundant.