RAVINDER KUMAR Vs. JASWANT SINGH & ORS.

JUDGEMENT

(1.) This revision petition is directed against the order of the executing Court dated August 26,1989, whereby the objections filed by the guarantor Lachhman Singh were accepted. The objection petition has been accepted primarily on the ground that the said guarantor Lachhman Singh was not a party to the decree which was sought to be executed against him and neither he was ever present in the suit in which the said decree was passed.

(2.) The learned counsel for the petitioner submitted that this finding has been given without framing any issue and without affording any opportunity to lead any evidence in this behalf.

(3.) The learned counsel for the respondent judgment debtor submitted that the decree as such was not executable even according to the compromise. Exhibit CX and, therefore, there was nothing wrong or illegal in the impugned order.