NARAYAN PRAKASH Vs. SURENDRA KUMAR

JUDGEMENT

(1.) This revision petition under Section 115 CPC is directed against order dated 11. 12. 2014 passed by Additional District Judge No. 1, Jodhpur Metro, whereby, the application filed by the petitioner under Section 151 CPC has been rejected.

(2.) A suit filed by respondent No. 1 Narayan Prakash, seeking specific performance of contract, came to be decreed by the trial court by its judgment and decree dated 26. 09. 201 The decreeholder initiated proceedings for execution of the decree dated 26. 09. 201

(3.) During pendency of the execution proceedings, the present application under Section 151 CPC read with Section 141 CPC was filed by the judgment-debtor on 24. 09. 2014, inter alia, with the contention that as per the terms of the decree, the plaintiff was required to make payment of Rs. 16,20,000/- to him within a period of one month, which was required to be deposited with defendant No. 2 the Financier and the balance amount was to be paid to the judgment-debtor; the amount was to be paid by 25. 10. 2012 with defendant No. 2 in cash and thereafter the balance amount was to be paid to him; the terms of the decree have been violated, inasmuch as, the plaintiff alongwith the execution application filed Form No. 3 and produced a cheque in the name of judgment-debtor for a sum of Rs. 16,20,000/- requesting that the original cheque be placed in safe custody; the notice of the execution application was not received by the judgment-debtor till 17. 11. 2012 and the amount was not deposited with the Bank prior to 25. 10. 2012 and, therefore, the terms of the decree were not fulfilled. Further submissions were made that in fact the decree-holder was not even having Rs. 16,20,000/- in his bank account and, therefore, the execution proceedings deserve to be quashed and set aside.