AJIT SINGH Vs. USHA DEVI

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India by the judgment debtor for setting aside the impugned orders dtd. 31/7/2024 (Annexure P-5) and dtd. 23/10/2024 (Annexure P-6) passed by the Motor Accident Claims Tribunal, Karnal, in Execution Petition no.39 of 2018.

(2.) Learned counsel for the petitioner has submitted that the execution petition has been filed by Usha Devi, wife of Rishi Pal, (deceased) through her legal heir Vansh (minor) through his next friend and guardian Sompal and Vansh (minor) has been shown as decree holder no.2, through his next friend and guardian Sompal. It is submitted that there is nothing on record to show that Sompal is the next friend and thus, the execution petition filed through the next friend is not maintainable and the same deserves to be dismissed on the said ground alone. It is further submitted that the impugned order dtd. 31/7/2024, which has rejected the said submission deserves to be set aside and even the subsequent order dtd. 23/10/2024 deserves to be set aside.

(3.) This Court has heard the learned counsel for the petitioner and has perused the paper book.