RAJESH KUMAR Vs. KALA WANTI AND ORS.

JUDGEMENT

(1.) During the pendency of the execution in Motor Accident Claims petition No. 23 of 1985 Smt. Kala Wanti and others Vs. Onkar Singh and others, Rajesh Kumar petitioner, who was respondent No. 2 in that petition, filed an objection petition, claiming that the award dated Feb. 10, 1986 was a nullity and not binding on him as he was a minor on the date when he was proceeded against ex parte and continued to be minor till the date of award. This objection petition was contested by the decree-holders. Learned Executing Court framed the following issue:- Whether the award dated 10.2.1986 is nullity qua Rajesh Kumar applicant-respondent No. 2, as alleged?

(2.) In order to prove his case, Rajesh Kumar petitioner proved on record school leaving certificate Exhibit A-1 by examining Kanwal Singh AW-3, an official of the school, who deposed on the basis of the record. He also examined his father Harish Chand as A.W. 1, who testified that the date of birth of Rajesh Kumar was 15.9.1969 and, therefore, he was aged 15 years on 10.4.1985. To rebut the said evidence Kala Wanti claimant appeared as R.W. 1 and testified that Rajesh Kumar was served in the Motor Accident Claims Petition through publication in daily 'The Tribune' and that he was aged 20 years at that time. The learned Executing Court disbelieved the evidence of the petitioner and dismissed the objection petition vide its detailed order dated Aug. 16, 1988. The said order has been challenged in this revision petition. Learned counsel for the petitioner has argued that the learned Executing Court had misread the evidence and had, therefore, come to a wrong conclusion. On the other hand, learned counsel for the respondents has urged that the impugned order is correctly passed. In order to satisfy myself as to the correctness, propriety and legality of the impugned order, I have carefully gone through the record.

(3.) Exhibit A-1 is a school leaving certificate, which was got issued on Feb. 5, 1986. In the said certificate Harish Chand has been shown as father of Rajesh Modi and date of birth recorded is Sept. 15,1969. Learned Executing Court has read this document along with the array of parties in the objection petition and the, petition for stay of execution alongwith supporting affidavit filed before it, and has observed as under:-