KHUSHAL SINGH Vs. INDO BAI AND ORS.

JUDGEMENT

(1.) PETITIONER -decree -holder has filed this revision petition under Section 115 of the Code of Civil Procedure, 1908 (for short, 'CPC') for assailing the order dated 1st of August, 2014 passed by learned Addl. District Judge, Suratgarh in Civil Execution Case No. 13/2012, whereby his application under Section 5, Limitation Act and Section 151 CPC has been rejected.

(2.) THE bare necessary facts of petitioner's case, relevant for deciding the controversy, are that original suit No. 15 of 1995 (120/90) was filed by him for specific performance of contract on 28.04.1990 against one Pritam Singh, the original defendant, who died during the pendency of the suit, therefore, his Legal Representatives were taken on record. The LRs of Pritam Singh filed compromise in the Court below and in light thereof the suit was decreed on 17.05.1997 but the LRs of original defendant did not honour the decree despite the fact that the disputed land was mutated in their names including son of original defendant Foja Singh on 05.04.2010, therefore, he had to file Execution Proceedings against Foja Singh as well as other Legal Representatives of original defendant on 11.06.2010 alongwith application under Section 5 of the Limitation Act before the learned Court below. The learned executing Court dismissed the said application as well as execution petition. It is averred by the petitioner in revision petition that after receiving copy of the Land Transfer Register he came to know about the death of Foja Singh s/o Pritam Singh, as such has now impleaded the legal heirs of Foja Singh also in this revision petition.

(3.) THE learned Court below, after considering the rival submissions, vide the order impugned, rejected petitioner's prayer for condonation of delay and consequently dismissed the execution petition.