GRAM PANCHAYAT, CHAUDHARY MAJRA Vs. MANDEEP SINGH

JUDGEMENT

(1.) THIS civil revision has been directed against the order dated 22.1.2001 passed by the Court of Additional Civil Judge, Senior Division, Nabha, who dismissed the objections under Section 47 Code of Civil Procedure of Gram Panchayat, Village Chaudhary Majra.

(2.) SOME facts can be noticed in the following manner. Decree dated 15.6.1994 was passed by the Court of Additional Senior Sub Judge, Nabha, in Civil Suit No. 22 dated 21.1.1994 tilted as Mandeep Singh v. Gram Panchayat" on the basis of a compromise which was effected between the parties through Beant Singh, the then Sarpanch of Gram Panchayat. Decree holder filed execution application in the Executing Court and Gram Panchayat filed objections under Section 47 Code of Civil Procedure. It was pleaded by the Gram Panchayat that impugned judgment and decree passed on the basis of a compromise itself is illegal, null and void and is not binding on the Gram Panchayat as Gram Panchayat never authorised Beant Singh to enter into a compromise. In the absence of any authorisation in favour of Beant Singh, the alleged compromise on the basis of which the decree has been passed is patently illegal, null and void and cannot be enforced in the eyes of law. It was also pleaded by the Gram Panchayat that it never authorised Beant Singh, the then Sarpanch to admit the claim of the plaintiff. Moreover, the subject matter in the civil suit was wholly foreign to the jurisdiction of the said court and that Court had no jurisdiction to pass a decree. It was also prayed by the Gram Panchayat that a fraud has been practiced on the Court and in these circumstances, the decree and judgment may be treated as null and void and the execution application may be dismissed.

(3.) ACCORDING to the decree holders, Gram Panchayat passed the resolution dated 31.1.1994 and gave all powers qua the suit to the then Sarpanch Beant Singh. Moreover, in the year 1992, Baldev Singh, the present Sarpanch of Gram Panchayat was the Sarpanch of Gram Panchayat. On 12.9.1992, the Gram Panchayat under the chair of Baldev Singh, Sarpanch, passed a resolution for construction of a culvert on the phirni of the village for passing of the over-flowing water of the pond along with the link road going to village Kaul and for stopping said water from spreading and stagnating on the road. After taking permission of the BDPO, the culvert was duly constructed. The decree in question is nothing but a confirmation of the old position, which was confirmed by Shri S.S. Grewal, Advocate, of Nabha as a Local Commissioner in another suit qua the subject matter in question. The decree holder stated that the compromise is binding on the Gram Panchayat and the objections are abusing of process of law. It is also the stand of the Gram Panchayat that since Baldev Singh Sarpanch was a party to the resolution, therefore, he is barred from taking the objections. The parties advanced their arguments before the Executing Court and for the reasons given in para 5 of the impugned order, the objections of the Gram Panchayat were dismissed and aggrieved by the impugned order dated 22.1.2001, the present revision has been filed by the Gram Panchayat.