AVTAR SINGH SAINI & ANOTHER Vs. KULWANT SINGH

JUDGEMENT

(1.) Avtar Singh Saini-defendant and his wife Jaswinder Kaur have filed this revision petition under Article 227 of the Constitution of India impugning order dated 16.04.2012 passed by the trial court.

(2.) Suit filed by respondent-plaintiff Kulwant Singh against petitioner No.1-sole defendant stands decreed vide judgment dated 08.09.2010 (Anneuxre P-1) for recovery of Rs. 28,00,000/- along with pendente lite and future interest. Plaintiff has filed execution petition wherein defendant No.1-petitioner moved application for staying the execution proceedings. The said application was dismissed. Defendant has also filed application (Annexure P-2) dated 15.10.2011 under Order 9 Rule 13 read with Section 151 of Code of Civil Procedure for setting aside the ex parte judgment and decree. During pendency of the said petition, defendant again moved application for staying the execution proceedings.

(3.) The trial court vide impugned order has stayed the execution proceedings subject to furnishing of bank guarantee by the defendant in the sum of Rs. 28,00,000/- within 15 days. Instant revision petition has been filed being aggrieved by the condition of furnishing of bank guarantee.