TEK CHAND Vs. JAGDISH PARSHAD

JUDGEMENT

(1.) MR . Sanjeev Singh, Advocate, present for the petitioner.

(2.) THE petitioner before this Court is a judgment debtor. A suit for specific performance was filed by the plaintiff in which the present petitioner was arrayed as defendant. This suit was numbered as Original Suit No.43 of 1999. The suit which was ultimately transferred for trial was a Fast Track Court, namely, 3rd Fast Track Court, Haridwar where it was decreed on 16.09.2003. The decree holder promptly moved an execution case in the matter and the number of the execution case was Execution Case No. 01 of 2003. The defendant at the same time filed a first appeal being First Appeal No.53 of 2003 against the decree and the decree was stayed, which remained so till the appeal itself was dismissed vide order dated 3rd July, 2013 by the learned Single Judge of this Court. Meanwhile the Fast Track Courts all over the State were abolished and the jurisdiction of this Court was transferred to competent court of Civil Jurisdiction or the as the case might be in other cases. All the matters which were pending before the 3rd F.T.C. were transferred to the Civil Judge, Senior Division.

(3.) AFTER the dismissal of appeal, the decree holder moved a fresh execution case being Execution Case No.11 of 2013, before the Civil Judge (Senior Division), Roorkee, Haridwar, in which an objection was raised by the judgment debtor under Section 47 of the Code of Civil Procedure that since already an execution case is pending being Execution Case No.01 of 2003, the second execution case is not maintainable. This application/objection was dismissed. The objection was on the ground that the matter being subjudice it is barred by principle of res judicata or construction res judicata. The Court did not find that the objection of the judgment debtor are tenable and the objection of the defendant/judgment debtor was rejected. Aggrieved, the judgment debtor filed a civil revision which was ultimately dismissed on 23.08.2014. Aggrieved, the defendant/judgment debtor has filed the present writ petition.