DEDAR SINGH Vs. GURBAJ SINGH AND ORS

JUDGEMENT

(1.) Petitioner through LRs has preferred this revision petition against the order dtd. 21/1/2019 passed by Civil Judge (Senior Division), Kaithal vide which objections under Sec. 47 read with Sec. 151 CPC filed by the petitioner were dismissed.

(2.) Perusal of the record would show that earlier two objections were filed by the petitioner. Both the objections were dismissed by holding that in a suit for redemption of mortgage, the Court is not bound to pass a preliminary decree under Order 34 Rule 7 CPC. Secondly, it was held that no notice is required to be given under Order 21 Rule 22 CPC when the execution petition is filed within two years from the date of last order.

(3.) Petitioner remained unsuccessful in Civil Revision No.5378 of 2009 when the same was dismissed on 4/4/2018. The said judgment was upheld by the Hon'ble Apex Court as well.