RAJENDRA SIMGH BHANDARI Vs. HARPREET SINGH

JUDGEMENT

(1.) THIS is a revision petition by the judgment-debtor by which the objections filed by the judgment-debtor-petitioner were dismissed by the impugned order dated 22-7-2006. The objection which has been raised is that the execution application was filed beyond the period of limitation as prescribed by Article 136 of the Limitation Act, 1963.

(2.) A few salient facts may be taken note of. The plaintiff-respondent filed a suit for recovery of money being Civil Suit No. 29/1990 which came to be decreed ex parte on 5-10-1991. An application for setting aside the ex parte decree came to be filed by the defendant on 14-10-1991 under Order 9, rule 13, CPC in which there was also a prayer that the execution of the decree may be stayed. The aforesaid application was opposed by the plaintiff-decree-holder and the learned trial Court by its order dated 10-12-1991 dismissed the said application.

(3.) THE learned trial Court after hearing the parties also dismissed the application filed under Order 9, Rule 13, CPC filed by the defendant-petitioner herein vide order dated 10-12-1991.