JAWAHAR LAL Vs. OMKAR

JUDGEMENT

(1.) THIS civil revision has been directed against the order of the Executing Court accepting the objection petition of the judgment debtor and dismissing the execution application filed by the decree-holder.

(2.) A decree for a sum of Rs. 4,000/- was passed on 17-10-1973 against the respondent in a suit filed by the petitioner. On 15-6-1974, the petitioner applied for the execution of the decree. In execution of the decree, some property of the judgment-debtor say respondent herein was attached. While the execution application was pending, Haryana Relief of Agricultural Indebtedness Act, 1975 (Act No. 22 of 1975) came into force and under the provision of the said Act, moratorium on debts for one year was imposed. Judgment-debtor filed objections inter alia on the ground that in view of the aforesaid provision, the execution application is not maintainable. On finding that the execution application could not proceed for one year, the decree-holder made a statement before the Executing Court that the execution application be dismissed as having remained unsatisfied for the time being. On his statement, the executing Court vide order dated 15-11-1975 dismissed the execution application as having remained unsatisfied. However, the Executive Court allowed the attachment to continue. After the expiry of one year, the petitioner filed another execution application which was resisted by the judgment-debtor who filed objections on various grounds including that the execution application is not maintainable because the earlier execution application was dismissed without deciding his objections and thus his objections would be deemed to have been accepted. He also took up the objection that he being a debtor within the meaning of Haryana Relief of Agricultural Indebtedness Act, 1976 (18 of 1976) stands discharged from the debt. The Executing Court vide the impugned order, accepted the objection petition of the judgment debtor and dismissed the execution application primarily on the ground that where the execution application is dismissed by the Court or got dismissed without any decision on the objection petition, then the objection petition stands ipso facto accepted in view of the judgment of Chiranji Lal v. Chhaju Singh and Anr. , (1968) 70 P. L. R. 419. The Executing Court was also of the view that decision dated 15-11-1975 operates as res judicata. However, while deciding issue No. 3, the Executing Court found that there is nothing on record to show that the judgment-debtor is a debtor within the meaning of Haryana Relief of Agricultural Indebtedness Act. This order is being challenged by the decree-holder by way of this civil revision.

(3.) NOTICE was issued to the respondent through registered A/d.