PUNJAB STATE ELECTRICITY BOARD Vs. CHIRANGA AND ANOTHER

JUDGEMENT

(1.) The present revision petitioner and one Continental Constriction Private Ltd., New Delhi, suffered a decree in a suit for damages and mandatory injunction. The decree was initially passed by the Senior Sub Judge, Mandi, which was challenged in appeal. The Additional District Judge, Mandi, who decided the appeal on 6.12.1985 modified the decree passed by the trial Court. Ultimately, the relevant part of the judgment made in the appeal reads as follows:

(2.) The executing Court passed an order on 18.5.1989 dismissing the objection petition No. 53 of 1989 on merits after recording evidence in the proceedings. It was pointed out by the executing Court that the judgment debtor had not examined any responsible officer of the Electricity Board and it had only placed reliance on the statement of OW 1 Jai Gopal Patwari who had only stated that the vehicle cannot cross the river. The executing Court observed that the execution of the decree for the purpose of removal of debris in the land of the decree holder was possible when the water of the river dries up in winter months by deploying adequate measures. Accordingly the objections were dismissed. Thereafter the main execution petition was also dismissed on 5.8.1989 for statistical purposes as unsatisfied as it was not possible during winder and rainy season and directed the decree holder to file a fresh execution petition.

(3.) The present execution petition No. 21 of 1990 was filed on 13.3.1990. In the execution petition a specific reference has been made by the decree holder to the earlier order passed by the executing Court on 18.5.1989 and the order passed on 5.8.1989. The present petitioner sought to raise the same objections once again on the merits but they were over ruled by the executing Court holding that it was not open to the judgment debtor to raise the same objections which were negatived in the prior proceedings. The order of the executing court has been passed on 2.1.1993. It is the said order which is challenged in this revision petition by the judgment debtor.