GOPAL DASS Vs. URMILA DEVI

JUDGEMENT

(1.) This revision is directed against the order passed by learned Senior Sub Judge, Kangra at Dharamshala in CMA-Execution No. 17 of 1996, dated 25.9.2001. By means of impugned order application filed by the Petitioners (here-in-after referred to as the 'Decree Holders'), under Section 141, under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure, has been rejected.

(2.) Admitted facts giving rise to this revision are that decree holders filed an execution petition, for executing the decree in Civil Suit No. 406 of 1971, dated 27.2.1981. For executing this decree, they had engaged late Kanwar Parkash Singh, Advocate. This execution was registered as Execution Petition No. 27 of 1993 in the court of learned Senior Sub Judge, Kangra at Dharamshala. Record of the execution shows that power of attorney was executed by the decree holders in favour of Kanwar Parkash Singh, Advocate, Sh. Jatinder Sharma, Advocate, Dharamshala and Sh. S.R. Sood, Advocate, Palampur. Learned Counsel for the parties did not dispute that Kanwar Parkash Singh died on 21.5.1994. Execution was dismissed on 4.1.1995 for default of appearance on behalf of the decree holders, because none appeared on that date.

(3.) In the aforesaid background, an application for restoration of this execution petition, that was dismissed for default, was filed on 4th March, 1995. For prosecuting this application, decree holders had engaged counsel. This was also dismissed for default on 1.6.1996 as no one appeared on their behalf. For restoring this application, another application was filed on 9.10.1996 by the decree holders.