SUKHMANDER SINGH Vs. RAM KRISHAN HARBANS LAL

JUDGEMENT

(1.) THIS revision petition has been filed against order dated 4.11.1995, vide which, objections of the petitioner, to the execution application, filed by the respondents, were dismissed. It was case of the respondent that the decree was passed against the petitioner on 6.8.1981. As he had failed to satisfy the said decree, execution application was filed. Upon notice, petitioner put in appearance and took up a specific stand that he was neither served in the alleged suit, nor signed any compromise and as such, application, which has been filed without attaching any decree sheet, be dismissed. Executing Court, by taking note of entry made in the institution register of the Court and also photostat copy of the one alleged compromise, dismissed objections raised by the petitioner.

(2.) THIS Court feels that the order passed is not justified. In normal circumstances, it may not be necessary for the executing Court to frame issues but it is a case where serious dispute has been raised on facts and in view of circumstances, it was necessary for the Court below to allow the parties to bring on record some evidence to show that, in fact, suit was filed and the petitioner had put in appearance before the trial Court and on the basis of alleged compromise signed by him, decree was passed. It is an admitted fact that as per averments of the parties, record was burnt in the year 1984. It is also very surprising as to why respondent-decree holder continued to wait for more than ten years in filing the execution application. In view of facts mentioned above, this revision petition is allowed, order under challenge is set aside and the Court below is directed to decide the matter afresh, after framing the issues and allowing the parties to lead evidence. Parties are directed to appear before the executing Court on 23.5.2006. Petition allowed.