SUKHCHAIN SINGH Vs. P.S.E.B.

JUDGEMENT

(1.) PRESENT revision is directed against the order passed by the executing court whereby it has declined to stay the execution proceedings pending before it. Learned counsel for the petitioner has assailed the order. He submits that respondent filed execution on the basis of ex -parte decree. It concealed certain facts from the executing court. Thus impugned order is unsustainable.

(2.) LEARNED counsel for the respondent has opposed the plea. He submits that there being decree in favour of respondent -board, they were entitled to file the execution proceedings. Petitioner could only avail appropriate remedy for setting aside the decree.