MOHAN LAL Vs. SOHAN SINGH

JUDGEMENT

(1.) Civil Suit No. 57 of 25.1.1994 filed by the respondent-plaintiff was decreed on 21.8.1995. Since the judgment-debtor defendant-petitioner did not make any payment in furtherance of the judgment and decree dated 21.8.1995, an execution application was filed by the decree-holder-plaintiff-respondent. In response to the execution application, objections were raised by the objector to the effect that he had made some payments to the decree-holder. No such plea in respect of having made payment was ever raised by the judgment-debtor before the trial Court. All the payments in question were allegedly made before the judgment and decree dated 21.8.1995. The objection with regard to payments made by the judgment-debtor to the decree-holder seems to be an effort on the part of the judgment-debtor-defendant-petitioner to delay the execution application as has been expressly observed by the Executing Court.

(2.) Besides the aforesaid, there is another objection raised by the petitioner-judgment-debtor with regard to jurisdiction of the Executing Court to entertain the execution application. It is stated that the Executing Court had no jurisdiction to entertain the execution application in view of the fact that the judgment and decree dated 21.8.1995 had been passed by the Additional Senior Sub Judge, Barnala and, therefore, the Court at Barnala only had jurisdiction to entertain the execution application. Learned counsel for the respondent has brought to my notice that, on an application moved by the decree-holder, that the judgment-debtor resided in Tehsil/District Moga. The execution application was transferred from Barnala to the Court of Additional Senior Sub Judge, Moga. For the aforesaid reason, there is no substance in the plea of jurisdiction raised on behalf of the petitioner.

(3.) For the aforegoing reasons, there is no ground whatsoever to interfere in the impugned order of the Executing Court dated 2.6.1998. The instant civil revision is dismissed with costs which are quantified at Rs. 2,500/-.