DESH RAJ SINGH Vs. VANDANA CHAUDHRY

JUDGEMENT

(1.) Heard learned counsel for the parties and have gone through the record.

(2.) Instant appeal has been preferred against order dated 16-12-05 passed by Addl. District judge, court no. 13, Agra whereby the application 4-C and 12-C moved by appellant judgement debtor Desh Raj Singh under Order 21 rule 55,58 and 59 CPC was rejected and objection 8-c filed by decree holder smt. Vandana Chaudhary was allowed.

(3.) The fact of the case as disclosed from the record is that Smt. Vandana Chaudhary filed suit No. 660 of 1991 Smy. Vandana Chaudhary V. Desh Raj Singh under section 13 of Hindu Marriage Act for divorce. It was decided on 31-08-01. The suit was decreed on the condition that in case Rs. 1,40,000/- is paid to the appellant by the respondent the marriage will stand dissolved. According to Desh Raj Singh Rs. 1,40,000/- which includes Rs. 1 Lakh for permanent maintenance and Rs. 40,000/- as valuation of articles belonging to the respondent decree holder was given to her on 9-11-01. Smt. Vandana Chaudhary executed the receipt on the same day. But again she moved application for execution. According to the appellant this amount was withdrawn from his Account No. 2664, which was being maintained in Canara Bank but smt. Vandana Chaudhary denied to have received any such amount and has moved for recovery of Rs. 1,40,000/- and therefore the application was moved to stay the execution. Prayer was made to the court below to obtain signature of Smt. Vandana Chaudhary and send the signature alleged to have been executed on the receipt and specimen signature to the hand writing expert so that it may be ascertained as to whether she had really received Rs, 1,40,000-/ from the appellant on 9-11-01. Being rejected instant appeal has been filed. A copy of the receipt vide paper No.32 and 32 A has been filed and there are three witnesses of the receipt.