The single judge bench of Justice Alka Sarin of the Punjab and Haryana High court in the case of kirna Rani vs Jagroop Singh & ors held that having not raised the plea of non-joinder of necessary parties at the time when the suit was argued and decided and the judgment and decree passed having attained finality, the said plea cannot now be permitted to be raised in the execution proceedings.
BRIEF FACTS
The factual matrix of the case is that plaintiff- respondent no.1 filed a suit for recovery of Rs.2,01,000/- along with future interest pendente lite @ 1% per month till realization against the defendant-petitioner as well as defendant-respondent nos.2 and 3. Thereafter, after the passing of the decree, the execution petition was filed for the execution of the decree. Thereafter, the petitioner filed an objection petition stating therein that the petitioner had only one house wherein he is residing with his family and the same could not be attached Furthermore, M/s Ajay Kumar & Co. has three partners, however, the plaintiff-respondent no.1 had not impleaded Monika Rani as a party respondent despite the fact that she is also a partner in the firm. A reply was filed to the said application. Thereafter, an application for framing of an additional issue was filed by the petitioner, The said application was contested and the application was dismissed.
COURT'S OBSERVATION
The hon'ble high court held that in the suit no such plea was raised that the suit was bad for non-joinder or mis-joinder of necessary parties. A perusal of the judgment dated 02.06.2011 reveals that it was neither a plea raised in the written statement nor even argued. Having not raised the plea of non-joinder of necessary parties at the time when the suit was argued and decided and the judgment and decree passed having attained finality, the said plea cannot now be permitted to be raised in the execution proceedings. The petitioner appears to be attempting to stall the execution proceedings on one pretext or the other by filing totally frivolous applications. The present application also appears to be nothing but an endeavour to delay the execution proceedings.
CASE NAME- kirna Rani vs Jagroop Singh & ors
CITATION- CR No.4709 of 2022
CORUM- Justice Alka Sarin
DATE- 1.11.22
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