UNION OF INDIA Vs. RAJ KUMAR

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 12.11.2010 passed by the learned Court below whereby rejecting the objections raised by the Judgment debtor, the learned Court below directed the petitioner/judgment debtor to pay the decretal amount.

(2.) Learned counsel for the petitioner submitted that suit filed by the respondent was decreed vide judgment of the trial court dated 21.08.2003. The petitioner challenged the aforesaid judgment and decree by filing appeal. As there was delay, application seeking condonation of delay of 275 days was filed. The same was dismissed by 1st Appellate Court vide order dated 20.10.2005. The order was challenged by filing Civil Revision No. 37/2006 in this Court. The same was dismissed on 28.12.2007.

(3.) The respondent filed first application for execution of decree on 28.12.2005. However, the aforesaid execution application was dismissed in default on 03.02.2007. Thereafter fresh execution was filed on 06.05.2009, i.e. 3 years and 9 months after filing of the first execution application. As the second execution application filed by the respondent was barred by limitation, objections were filed before the executing court. The same were dismissed on 04.02.2010 and thereafter vide impugned order, the review filed against that order was also dismissed.