HARBANT KAUR Vs. AMAR SINGH

JUDGEMENT

(1.) The following unusual circumstances give rise to an interesting question as to whether the petitioner's right to execute the decree passed in her favour stands barred by limitation?

(2.) On 21/09/1969, the learned Senior Sub Judge, Ropar, vide his judgment of the same date, upheld the right of the petitioner to obtain possession of certain land from the respondents. However, a decree in terms of this judgment was not prepared. Later, on 19/07/1973, the petitioner filed an execution application to obtain possession of the suit land. The respondent-judgment-debtors objected to it on the ground inter alia pleading that since no copy of the decree sheet had been filed along with the application the same deserved to be dismissed. The Court upheld the objection and vide its order dated 12/02/1976, while dismissing the execution application, observed as follows:-

(3.) Having given my thoughtful consideration to the entire matter, I find that the impugned order is wholly unsustainable and deserves to be set aside.