LAWS(P&H)-1994-3-52

MOHINDER SINGH Vs. KAMALJIT SINGH

Decided On March 04, 1994
MOHINDER SINGH Appellant
V/S
KAMALJIT SINGH Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order of the District Judge, Sangrur, dated October 29, 1991, allowing the decree-holder's application under Order 21, Rule 37, read with Section 55 of the Code of Civil Procedure.

(2.) BRIEF facts giving rise to the above application are that: Kamaljit Singh petitioner sustained injuries on I3th January, 1985, as a result of accident alleged to have been caused by the rash and negligent driving of Car PUV-6005 by Karnail Singh, respondent No. 2. The car belonged to Mohinder Singh, respondent No. 1. Kamaljit Singh made an application for compensation. The Motor Accident Claims Tribunal by award, dated 31st July, 1986, awarded compensation of Rs. 4,000/-. The petitioner took out the execution vide execution case No. 77 dated 23rd December, 1986. The application was dismissed by order of the District Judge, dated January 25,1985, on an objection taken by the Judgment-Debtor. The objection was that the application for arrest and detention in civil prison was competent only if there was mala fide or dishonesty on the part of the judgment-debtor, as laid down in Jolly George Verghese and Anr. v. The Bank of Cochin, A.I.R. 1980 S.C. 470. As there was no such averment in that execution application, the learned District Judge held the same to be not competent and accordingly dismissed the same. It was thereafter that the present application under Order 21, Rule 37 and Section 55 of the Code was made. The material averment made in the present application for execution was that the judgment-debtor had concealed the car PUV-6005 in order to deprive the petitioner of the fruits of the decree, the application was contested. The executing Court framed the following issues:1. Whether the present execution-application is maintainable? 2. Whether the execution application is barred by the principles of res judicata as alleged.?

(3.) RELIEF .?