RANI DEVI Vs. HAWA SINGH

JUDGEMENT

(1.) THIS petition filed by the petitioners under Article 227 of the constitution of India is directed against order dated 14. 10. 2006, whereby an application Annexure P6 of the petitioners, for transfer of execution of the decree/award, passed in a claim case, under the Motor vehicles Act, was dismissed. Further, costs of Rs. 2,000 was also imposed upon the petitioners for not placing on record the list of property of the judgment-debtor hawa Singh, respondent No. 1, situated in the State of Rajasthan.

(2.) THE contention of learned counsel for the petitioners is that in fact Hawa singh, respondent No. 1, who has been held liable to pay half of the amount of the award/decree passed in a claim case, does not own and possess any property in the state of Haryana, rather his property is situated in village Urika, District Jhunjhunu (Rajasthan ). The description of the property is contained in Annexure P4. In such like matters, the learned Claims Tribunal, should not be so technical, while granting relief to the victims/claimants.

(3.) IN view of the provisions of section 40 of the Code of Civil Procedure, the learned Claims Tribunal, should have sent the decree/award, to be executed to the learned District Judge, Jhunjhunu (Rajasthan), where the property of judgment-debtor hawa Singh, respondent No. 1, is situated, for due execution of the award/decree passed in favour of the petitioners.