SHARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the order dated 28th September, 1978 of the Sub-Judge II Class, Patiala, whereby he overruled the objection of the petitioners judgment-debtors (hereinafter to be referred to as the judgment-debtors) to the effect that the decree which was sought to be executed by the Court was without jurisdiction and a nullity and hence the same should not be executed.

(2.) The Executing Court while disallowing the objection aforesaid was of the view that an objection to the jurisdiction of the trial Court having already been raised by the judgment-debtors before the trial Court and an issue to that effect having been decided by the trial Court against the judgment-debtors (defendants in that case) and in favour of the decree-holder, that very objection which was disallowed by the trial Court cannot be permitted to be re-agitated before it. For the aforesaid conclusion the Executing Court drew assistance from the Single Bench decision of this Court Dial Dass V. Joint Hindu Family Firm Niadar Mal Piara Lal and others,1968 PunLR 731

(3.) Mr. Jawanda, learned counsel for the judgment-debtors has urged that the decree dated 15th May, 1968 which is sought to be executed is without jurisdiction for the reason that the very matter had been agitated by the decree-holder earlier in the Civil Court in a suit wherein he had sought a declaration identical to the one sought and secured vide decree sought to be executed. An issue regarding the jurisdiction of the Civil Court was also struck in the earlier suit. The Civil Court held that it had no jurisdiction. The appeal against that decision as also the revision petition to the High Court were dismissed, with the result that the said decision of the Civil Court between the parties holding that Civil Court had no jurisdiction in the matter held the field and that the latter on the very matter between the same parties on that account would be without jurisdiction. For showing that such should be the case, he drew attention to the following observations of Mahajan, J., who delivered the opinion for the Full Bench in Pritam Kaur S. Mukand Singh V. State of Pepsu and others, 1963 AIR(P&H) 9 :-