GRAM PANCHAYAT Vs. JAGDISH CHAND

JUDGEMENT

(1.) THIS revision petition has been filed against the order passed by the learned Civil Judge (Junior Division), Palwal vide which objections to the execution of decree filed by the petitioner were ordered to be rejected by observing as under :

(2.) LEARNED counsel for the petitioner has challenged this order firstly on the ground that the decree dated 20.9.1978 was not binding on the petitioner as the name of Gram Panchayat was deleted on the statement made by the plaintiff decree holder. In that view of the matter the contention of the learned counsel for the petitioner is that the objections raised by it were third party objections and therefore, required to be adjudicated after giving an opportunity to the parties to prove their case as it has to be tried as a civil suit. The contention of the learned counsel for the petitioner, therefore, is that summarily dismissal of its objections cannot be sustained in law.

(3.) CONSEQUENTLY , the revision petition is allowed and the impugned part of the order is set aside and case is remanded to the learned Executing Court to dispose of the objections filed by the petitioner after framing issues and giving opportunity to the parties to lead evidence in support of their stand. Petition allowed.