KULDEEP SINGH Vs. RAINBOW ELECTRONICS, SUNAM

JUDGEMENT

(1.) This revision is directed against order dated April 29, 1989, passed by Sub-Judge I Class, Sunam, on objections filed by Kuldeep Singh, one of the guarantors. As appears from the issue framed on these objections, it was asserted that Kuldeep Singh was not served in the suit in which ex parte decree was passed against him and on that account such decree was not executable against him. Along with the objections filed by Kuldeep Singh a prayer was also made for staying the execution proceedings. Vide the aforesaid order, it was noted that Kuldeep Singh was present during the proceedings of the suit as was shown from an attested copy of the proceedings and on that ground the stay was declined.

(2.) After the aforesaid order was passed 1/3rd salary of the petitioner was attached. This fact was also noticed in the grounds of revision.

(3.) Learned counsel for the petitioner has tried to argue that execution against the petitioner could not proceed. The decree holder should first recover the amount by sale of the mortgaged property i.e. by sale of house, sale deed of which was given to the decree-holder by the other guarantor Gulab Chand. These matters cannot be decided in this revision petition. The petitioner is left to approach the Executing Court to arise such objections and get the same decided, if permitted under the law. As far as this revision is concerned, only grouse was regarding non-granting of the stay order of proceeding in the execution. I find no ground to interfere with the order passed by the executing Court declining to grant the stay order as Kuldeep Singh petitioner was shown to be present during the proceedings in the suit. This revision petition is dismissed leaving the parties to bear their own costs.