MAKHAN SINGH Vs. GURMIT KAUR AND ANOTHER

JUDGEMENT

(1.) CHALLENGE is to the order dated 25.08.2011 (Annexure P -6) whereby learned Additional Civil Judge (Sr. Divn.), Hoshiarpur restored the execution, which was dismissed in default on 09.10.2010

(2.) PLAINTIFFS /respondents (herein after referred to as 'the respondents') filed a suit for recovery of Rs. 5 lakhs as damages against the defendant/petitioner (herein after to be referred as 'the petitioner'). The civil suit was decreed vide judgment and decree dated 22.09.2005 and had attained finality. The respondents filed execution application before the learned Executing Court and subsequently, objections were filed by the petitioner. During the pendency, the execution petition was dismissed vide order dated 08.08.2009 for non -compliance of orders of the Court. However, the learned Executing court restored the original execution to the same stage vide order dated 29.10.2009. On 09.10.2010, the execution petition was again dismissed in default. An application was moved by the respondents for restoration of the execution petition. The petitioner filed reply dated 03.03.2011 to the application and vide impugned order dated 25.08.2011, the learned Executing Court has again restored the execution application

(3.) THE above said Supreme Court judgment is not applicable in the facts of the present case. The execution was dismissed on 09.10.2010, the application for restoration of the case was filed on 09.11.2010 i.e within the time of 30 days. Under order 21 Rule 106, there is no delay in moving the application for restoration