CHAND YADAV Vs. MOOL CHAND

JUDGEMENT

(1.) THIS petition under Article 227 has been preferred by the petitioner assailing an order dated 11th February, 2008 passed by the Executing court dismissing an application of the petitioner/jd under Order 21 Rule 16 CPC.

(2.) A suit for recovery was filed against the JD which was decreed by the Trial Court. Thereafter, JD preferred an appeal which was also dismissed with costs of Rs. 2,000/ -. During execution, JD pleaded that the decree passed by the Trial Court was non est since the material facts brought on record by him were not considered. The learned Executing Court dismissed these objections and directed that the amount already deposited by JD be released in favour of the decree holder.

(3.) DURING arguments, the petitioner again assailed the judgment of learned Civil judge and learned ADJ saying that the judgment was not on merits, i consider that the judgment of Civil Court has become final. The petitioner's appeal against the same has been dismissed. The petitioner had not preferred any petition against the judgment. The Executing Court before whom execution was pending had no authority to go behind the decree. I find no infirmity in the order of the Trial Court. The petition is hereby dismissed.