DES RAJ Vs. BRAHM DASS

JUDGEMENT

(1.) By way of this petition, petitioners have challenged order dated 26.12.2017, passed by the Court of learned Civil Judge (Junior Division), Nurpur, District Kangra, H.P., in miscellaneous application filed by respondent No.1/ Decree Holder, purportedly for implementation of the decree passed by the Lok Adalat dated 28.01.1995, in Civil Suit No.239/1994, titled Udho Ram Versus Braham Dass.

(2.) Learned counsel for the petitioners has argued that impugned order is being assailed in this Court on two counts:- (a) Maintainability; (b) Justiciability. Learned counsel further submits that before addressing her submissions on the issue of justiciability, she is pressing the issue of maintainability as the impugned order per-se is not sustainable in the eyes of law as Decree Holder could not have had filed an application under Section 151 of the Code of Civil Procedure for the purported execution of a decree passed by a Lok Adalat as far back as on 28.01.1995. She has argued that limitation for the execution of a decree is 12 years. In the present case, the decree/ compromise decree was passed by the Lok Adalat admittedly on 28.01.1995. The application under Section 151 of the Code of Civil Procedure for enforcement of the said decree was filed by applicant Brahm Dass in the year 2017. Not only this, in view of the specific provisions of Order 21, as are contained in the Code of Civil Procedure, the execution of Decrees and Orders has to be inconsonance with the provisions of Order 21 of the Code of Civil Procedure and an application under Section 151 of the Code of Civil Procedure in this regard was not maintainable at all. On this short point, learned counsel for the petitioners submits that the impugned order deserves to be set aside.

(3.) Learned counsel for the contesting respondents, while supporting the impugned order has argued that though Order 21 of the Code of Civil Procedure envisages provisions for execution of Decrees and Orders, however, there is no bar that a decree passed cannot be imposed under Section 151 of the Code of Civil Procedure.