VANDANA SOOD Vs. YUVRAJ DADA

JUDGEMENT

(1.) CM No.2152-CII of 2019 Allowed as prayed for. CR No.585 of 2019 The petitioner, who happens to be the Decree Holder, in the Execution Case pending before the Ld. Additional Civil Judge (Senior Division), Ludhiana, is aggrieved that her Execution Application was dismissed in default under Order 9 Rule 2 of the Civil Procedure Code (for short, 'the Code') on 15/11/2018 ostensibly due to non-filing of copy of the application as well as RC/AD for notifying the Judgment Debtor under Order 21 Rule 66 of the Code.

(2.) The specific grievance of the petitioner is that in the aforesaid order the Executing Court observed that copy of the application and the other requisites were not filed, which is factually incorrect. The petitioner, therefore filed an application under Sec. 151 of the Code for recalling the aforesaid order and restoration of the Execution Application to its original number by drawing attention of the Court to the fact that the requisites had actually been filed in compliance of the earlier Order dtd. 26/10/2018, which had not come to the notice of the Court. But even that application was rejected vide the impugned Order dtd. 19/12/2018 with the following observations inter alia -

(3.) The petitioner now contends that there was no laches on her part in the matter of depositing the requisite Process Fee and Postal Charges, and the error was on the part of the Court's Ahlmad/Nazir who omitted to make the relevant notings to that effect, and so the petitioner could not be penalized for such laches attributable to the Court's machinery.