JAGJIT SINGH Vs. HARINDER SINGH AND OTHERS

JUDGEMENT

(1.) - This revision is directed against the order dated 27.1.1999 passed by the Learned Additional Civil Judge (Sr. Div.), Malout, whereby the execution application filed by the petitioner was dismissed.

(2.) The factual matrix of the case is that Jagjit Singh and others had filed a suit for possession of the estate of Rattan Singh against Harinder Singh and others. Amandeep Singh and Ramandeep Singh, defendants judgment-debtors No. 2 and 3 were minor at the time of filing of the suit and they were sued through their father Sukhdev Singh. It was dismissed by the trial Court but on appeal it was decreed in their favour. Amandeep Singh had attained majority on 10.1.1998 whereas the appellate Court had passed the decree on 21.2.1998.

(3.) Amandeep Singh, judgment-debtor, filed objection petition under Sec. 47 of the Code of Civil Procedure in the execution proceedings taken by the decree holders. It is averred that the decree is null and void. It is not binding upon him. He along with his brother is in possession of the suit land on the basis of the sale deed dated 5.9.1988 and the will dated 5.7.1988 executed by Rattan Singh, but his next friend failed to defend the case vigilantly. The decree is the result of fraud and collusion between the decree holders and his next friend. The decree was also in violation of the mandatory provisions of Order 32 Rules 3 and 4 of the Code. Since he had already attained majority before the passing of the decree by the appellate court therefore, he should have been given an opportunity to defend the case by himself.