KUL BHUSHAN GUPTA Vs. CHANDER MOHAN JAIN

JUDGEMENT

(1.) THIS petition under section 115 of the Code of Civil Procedure seeks the revision of the order dated the 28th of November, 1975, passed by Shri Suresh Chand Jain, Subordinate Judge Ist Class, Ambala Cantt., dismissing the objections filed by the judgment -debtor -Petitioner in response to a notice issued to him under Sub -rule (2) of Rule 66 of Order XXI of the Code of Civil Procedure, the main grouse of the Petitioner being that the application made by the decree -holder -Respondent under Sub -rule (3) of the said rule was not accompanied by any statement, verified or unverified, as is envisaged by that rule 2 SUB -rules (1), (2) and (3) of Rule 66 of Order XXI of the Code of Civil Procedure are reproduced below for facility of reference:

(2.) The petition must be rejected for another reason also. The objections raised before me were never taken up by the Petitioner in the reply which he made to the application filed by the decree holder under Rule 66. Not having raised them at that stage, he is precluded from banking on them now because the matter must be considered to have been decided against him so as to debar him from raising it again on the principal of constructive res -judicata (vide Gauri v. Ude : A.I.R. 1942 Lah. 153(F.B.).

(3.) For the reasons stated, the petition fails and is dismissed with costs. Counsel's fee Rs. 10 / -.