BALJIT KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) passed by the learned Civil Judge (Senior Division), Fatehgarh Sahib dismissing her application under Order 1 Rule 10 C.P.C for being impleaded as a decree- holder in the execution proceedings filed by the decree-holder, Jaswant Singh, pursuant to judgement and decree order 12/12/2015 passed in the civil suit filed by decree-holder-Jaswant Singh against Gulzar Singh, who is none other but husband of the petitioner.

(2.) Brief facts necessary for the adjudication of the case are that a suit for possession of property by way of suit for specific performance of agreement to sell dtd. 16/11/2009 which was executed between Jaswant Singh and the petitioner's-husband, was filed by Jaswant Singh. The matter was compromised between the petitioner's husband and Jaswant Singh who suffered a statement, which is attached along with judgement and decree dtd. 12/12/2015 (Annexure P-6). Jaswant Singh stated that the decree shall be deemed to be executed on receipt of sum of Rs.4,75,000.00 from the petitioner's-husband-Gulzar Singh on or before 10/6/2016 and in case of default on the part of husband of the petitioner, Jaswant Singh would be 1 of 3 entitled to get the sale deed executed in his favour. The amount in question was admittedly not paid by the petitioner's-husband. Execution proceedings were initiated by Jaswant Singh for execution of the sale deed in his favour apparently because the amount in question has not been paid by the petitioner's-husband as per the compromise.

(3.) Gulzar Singh was proceeded against ex parte in the execution proceedings. The present petitioner moved an application for being impleaded as a decree-holder on the basis of an ex parte decree dtd. 16/1/2014 passed in her favour by the learned Civil Judge (Senior Division), Fatehgarh Sahib (Annexure-P4).