DALBIR KAUR Vs. KAHSMIR SINGH

JUDGEMENT

(1.) The petitioners are the judgment-debtors. They have approached this Court through this revision petition because the Executing Court has refused to recall the order by which they were proceeded against ex parte.

(2.) Respondent No. 1-plaintiff had filed a suit for possession by way of specific performance of agreement to sell dtd. 25/12/2010 in respect of land measuring 40 kanal 11 marlas. During the pendency of the suit, the parties reached an amicable settlement and based thereupon compromise decree dtd. 10/9/2015 was passed. One of the terms of the decree was that sale deed was to be executed on or before 15/5/2016 and in case, the remaining consideration amounting to Rs.6.5 lacs was not deposited by then, the earnest money would stand forfeited and theagreement would stand cancelled. According to the petitioners-JDs, the balance amount was deposited on 8/7/2016. Execution petition was preferred on 29/11/2018 and the JDs were proceeded against ex parte vide order dtd. 8/3/2019. Application dtd. 21/10/2019 for setting aside the ex parte order was filed but the same has been dismissed vide impugned order dtd. 5/10/2021. The Executing Court has found that service had been effected through an adult male member of the family i.e. husband of J.D. No.l who is also the son of deceased Gopal Kaur (JD No.2) and thus, no valid ground existed for recall of the order proceeding ex parte against the JDs. They were, however, permitted to join proceedings from the stage at which the proceedings stood on the date of passing of the order.

(3.) It appears that meanwhile Gopal Kaur-JD No.2 passed away on 4/12/2019 and vide order dtd. 1/3/2021 the Executing Court directed warrants of possession to be kept in abeyance till the decision of the application filed for setting aside the order by which the JDs had been proceeded against ex parte.