SATBIR SINGH Vs. INDER SINGH

JUDGEMENT

(1.) THIS is a revision petition directed against the order dated 23.3.2002 passed by the District Judge, Jind dismissing the appeal of the plaintiff-petitioners which was directed against the order dated 17.3.2001 passed by the Civil Judge (Jr. Division), Jind. The Civil Judge in his order dated 17.3.2001 has dismissed the application of the plaintiff-petitioners filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (for brevity 'the Code') seeking ad interim injunction of execution of decree passed in an earlier suit.

(2.) BRIEF facts of the case disclosed in the pleadings of the parties are that the plaintiff-petitioners filed a suit seeking declaration that they are owner in possession of the suit land measuring 86 kanal 18 marlas according to the jamabandi for the year 1985-86 situated within the revenue estate of village Jalalpura Kalan. It has further been averred that the plaintiff-petitioner and proforma defendant-respondents are co-sharers and co-owners in the land and no formal or legal partition has taken place. The averments made in the suit further shows that the Inder Singh, defendant-respondent filed a suit for specific performance of contract of some portion of the suit land measuring 8 kanals and that suit was decreed and even the appeal was dismissed. The aforementioned decree passed in favour of Inder Singh is sought to be executed. A prayer has been made that since the land has not been partitioned, defendant-respondent Inder Singh cannot get actual physical possession in execution proceedings. Along with the suit an application under Order 39 Rules 1 and 2 of the Code was also filed which was declined by the Civil Judge on 17.3.2001 and the appeal against the aforementioned order passed by the Civil Judge has also been dismissed by the District Judge by observing that it is for the executing court to see whether the decree could be executed or not and the plaintiff-petitioners can very well file objections, if any, before the executing Court. The observations of the District Judge read as under :

(3.) HE has argued that in a suit for specific performance, he could not be permitted to be impleaded as a defendant and therefore his objection to the execution could also not be taken into account. He has relied upon a Division Bench judgment of this Court in the case Krishan Lal and others v. Tek Chand and others, 1986 R.R.R. 30 : 1986 PLJ 629 in support of his argument. That judgment is entirely different and moreover, the Supreme Court in Savitri Devi v. District Judge, Gorakhpur and others, 1999(2) SCC 577 has taken the view that even the transferee-lis pendence can be impleaded as a party. In any case, it is for the civil Court, who has entertained the suit, to consider this aspect. The objection petition can always be filed by the plaintiff-petitioner in accordance with law and obviously the executing Court is bound to consider the same. There is neither any illegality nor any material irregularity warranting interference in the order passed by the District Judge. The revision petition is devoid of any merit and is dismissed. Petition dismissed.