PUSHPA RANI Vs. JAIMAL SINGH

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 29.05.2014 [Annexure P/1] passed by Civil Judge [Junior Divison], Nabha whereby objection petition under Order XXI Rule 66 CPC filed by the present petitioner was dismissed.

(2.) Relevant facts for the purpose of decision of present petition; that Execution Petition was pending before the Court below for satisfaction of recovery decree. It is the case of Judgment Debtor [JD] that compromise was arrived at between the parties on 10.10.2006 and the entire decretal amount was paid by Hakam Singh, nephew of the Judgment Debtor to the Decree Holder and that another matter with one Ishar Singh was also got settled. Later on, the Decree Holder developed mala fide intention and filed the execution petition. The Decree Holder took the plea that no such compromise was ever arrived at between the parties and no decretal amount was paid.

(3.) On this, the Court below settled the issues and the parties led their respective evidence. After considering the material evidence available on the file, learned Court below dismissed the Execution Petition while making observation that payment of decretal amount was made on the basis of written compromise and same stands proved on the basis of evidence available before the Court below and as such the present petition before this Court.