PREM SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the execution court executing dated October 1, 1987, whereby it refused to accept the security as the period of two months had expired. Vide order dated July 21, 1987, this Court in Regular Second Appeal No. 839 of 1987, directed the appellants therein to furnish security for mesne profits in respect of the land, in dispute, from the date of the institution of the suit, within two months, to the satisfaction of the trial Court after due notice to the plaintiff-respondent. Accordingly, the proposed security bond was filed on September 8, 1987, i.e., within a period of two months. Notice was ordered to be issued to the respondents for September 21, 1987. However, the same could not be issued as the petitioners had filed addresses of the respondents only on September 21, 1987. According to the executing Court since the period of two months had already expired, the security bonds could not be accepted.

(2.) The learned counsel for the petitioners submitted that the proposed security bond was filed within a period of two months, i.e., on September 8, 1987, and that being so, the same should have been accepted after notice of the respondents.

(3.) After hearing the learned counsel for the parties, I find that the executing Court is most technical. Since the proposed security bond had already been filed within the time prescribed, the same should have considered notice to the respondents, Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the executing Court is directed to decide the matter afresh after notice to the parties. The parties have been directed to appear before the executing on January 31, 1989.