HARMOHINDER PAL SINGH Vs. RAJENDER PAL SINGH

JUDGEMENT

(1.) The revision under Section 115 of the Civil Procedure of Code has been preferred by the revisionist wherein he has put a challenge to an order of 27.02.2021, which was passed by the court of Vth Additional District Judge, Dehradun in an Execution Petition No.01 of 2021, Harmohinder Pal Singh vs. Rajender Pal Singh, by virtue of the order, which is put to challenge, which is extracted hereunder:-

(2.) The executing Court on the receipt of the execution proceedings, on its transfer had issued notices to the parties including the judgment debtor.

(3.) The contention of the learned Senior Counsel for the revisionist is that in fact, even upon a receipt of proceedings of execution on its transfer, the executing court was supposed to issue warrants of possession to the judgment debtor, in the light of the provisions contained under Order 21 Rule 36 of C.P.C., that means he intended to argue that the transferee court should have issued warrants of possession under the light of the provisions of Order 21 Rule 36 of C.P.C., instead of simplicitor issuance of notice. This argument of learned Senior Counsel for the revisionist is not acceptable by this Court for the reason that if the impugned order dated 27.02.2021, itself is taken into consideration, it was a general issuance of a notice to the parties affected, including that of the judgment debtor, after the receipt of the execution proceedings on its transfer, which as per Rule 89-A of General Rule (Civil), which is mandatory, that the court to which the proceedings have been transferred are supposed to give an intimation of the receipt of the records, on transfer in order to enable the parties to appear before the court and contest the proceedings, it was not the stage where order could be passed of issuing warrants of possession under Order 21 Rule 36 of C.P.C.