RAM GOPAL AGGARWAL Vs. JAGDISH CHANDER

JUDGEMENT

(1.) THE matrix of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner -plaintiff -decree holder Ram Gopal Aggarwal, Advocate son of Panna Lal (for brevity "the plaintiff -DH") had instituted the civil suit for recovery of Rs. 1,53,502 -37 P on the basis of books of accounts against, respondent -defendant -judgment debtor Jagdish Chander son of Suraj Bhan (for short "the defendant -JD").

(2.) AS the defendant -JD did not contest, therefore, the trial Court straightway decreed the suit of plaintiff -DH under Order 8 Rule 10 CPC, by virtue of order dated 7.10.1994 (Annexure A1). Consequently, the DH filed the execution petition, in which, the JD filed the objection petition under Order 21 Rule 47 read with section 151 CPC. The executing Court accepted the objection petition of JD and consigned the execution petition of DH, by way of impugned order dated 13.12.1999.

(3.) AGGRIEVED thereby, the petitioner -DH has preferred the present petition, invoking the revisional jurisdiction of this Court under Section 115 CPC.