BAJRANG LAL AGARWAL Vs. RAJENDRA KHIRWAL

JUDGEMENT

(1.) The petitioner, judgment-debtor in Title Suit No. 4 of 1975, is aggrieved of order dated 19.12.2003, by which his application for calling for record of T.K.M Case No. 17(G) of 1987-88 was rejected and he was declined permission to lead evidence in Misc. Case No. 2 of 1992 and order dated 5.2.2004 by which the Trial Court has declined to review order dated 19.12.2003.

(2.) Title Suit No. 4 of 1975 was decreed vide judgment dated 1976 against which First Appeal No. 179 of 1976 was filed, which was dismissed by the High Court and the Special Leave Petition preferred against the order passed in First Appeal No. 179 of 1976 also stood dismissed. In the execution case levied for executing judgment and decree passed in Title Suit No. 4 of 1975, the judgment-debtor filed an application under section 47, C.P.C., primarily raising a plea of executability of the decree passed in the suit. To fortify his stand the judgment-debtor filed an application calling for the record of T.K.M Case No. 17(G) of 1987-88 which contains the proceeding for grant of lease under the Khas Mahal. Responding to this application, a reply was filed on behalf of the Deputy-Commissioner stating that the record of said proceeding is not available. Finding that the certified copy of the order-sheet and notice in T.K.M Case No. 17(G) of 1987-88 are on record, the application filed by the petitioner was dismissed. By the said order the Executing Court has also closed evidence of the applicant.

(3.) Contending that the delay in disposal of Misc. Case No. 2 of 1992 cannot be attributed to the applicant/petitioner, Mr. Indrajit Sinha, the learned Counsel submits that the delay has occurred awaiting the record of T.K.M Case No. 17(G) of 1987-88 and while so, the impugned order dated 19.12.2003 warrants interference.