RAKESH Vs. ROSHAN LAL AND ANOTHER

JUDGEMENT

(1.) The prayer in the present revision petition is for setting aside the order dated 29.01.2013 passed by Civil Judge (Junior Division), Jalandhar, vide which, warrants of possession have been issued with the order to break open the locks of the shop without taking any possession on the objections filed by the petitioner.

(2.) Learned counsel for the petitioner submits that the objections were filed by the petitioner and no decision whatsoever was taken on the objections and impugned order has been passed which is contrary to the provisions of Section 47 CPC. Learned counsel for the petitioner also relies upon the judgments of this Court in Santokh Singh vs. Amar Kaur and others, 2006 3 RCR(Civ) 67, Avtar Singh vs. State Bank of Patiala, 1993 1 CurLJ 195, M/s. Woolen Shops & Anr. vs. Central Bank of India and others,1990 2 CurLJ 38, Charanjit Singh and another vs. Manmohan Singh and another, 1989 95 PunLR 494 and Chhotu vs. Chhotu, 1988 CivCC 501 in support of his contention.

(3.) Heard arguments of learned counsel for the petitioner and have also perused the impugned order as well as zimni orders which are on record.