Punjab-Haryana High Court
Rishi Raj Chauhan @ Rishi Raj Pal ... vs Arun Sharma And Anr on 25 September, 2023
2023:PHHC:126446
CR-5635-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.132
Case No. : CR-5635-2023 (O&M)
Date of Decision : September 25, 2023
Rishi Raj Chauhan
@ Rishi Raj Pal Singh Chauhan .... Petitioner
vs.
Arun Sharma and another .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. R. K. Choudhary, Advocate
for the petitioner.
* * *
GURBIR SINGH, J. :
1. Challenge in this revision petition filed under Article 227 of the
Constitution of India is to the order dated 06.02.2023(Annexure P-8), passed
by learned Civil Judge (Junior Division), Gurugram (for brevity - the
Executing Court), whereby right to file objections in execution pending on
behalf of petitioner, has been forfeited. Further challenge is to the order
dated 03.08.2023 (Annexure P-12), passed by the learned Executing Court,
whereby application for setting aside the order dated 20.02.2023 (Annexure
P-9) has been dismissed, along with prayer to quash the said order dated
20.02.2023, whereby the petitioner has been proceeded against ex-parte in
execution petition.
2. Learned counsel for the petitioner has argued that vide order
dated 06.02.2023, right to file objections by the petitioner has been forfeited.
MONIKA
2023.09.26 14:27
I attest to the accuracy and
integrity of this document
2023:PHHC:126446
CR-5635-2023 (O&M) -2-
The petitioner has been proceeded against ex-parte vide order dated
20.02.2023. An application was moved for setting aside the said ex-parte
proceedings but the same was dismissed mainly on the ground that
execution petition is required to be disposed of mandatorily within six
months. It is further submitted that the petitioner was in custody, therefore,
he could not file objections.
3. I have heard the submissions made by learned counsel for the
petitioner and also perused the case file.
4. There is no provision in the CPC to adjourn the case for filing
objections in the execution petition. If any person has any objection to the
execution, then he/she may file the objections and the Court is required to
dispose of the same. There is no provision that right to objection can be
forfeited.
5. Keeping in view the fact that the execution petition is already
very old and if notice is issued to the decree-holder, then it may put financial
burden on the decree-holder. So, in order to avoid that and in the interest of
justice, this Court is of the view that one opportunity must be given to the
party to be heard if he has objection to the execution.
6. In view of the aforesaid, the present revision petition is allowed
and it is directed that only one opportunity be granted to the petitioner to file
objections, subject to payment of Rs.10,000/- as costs to be paid to the
decree-holder. The objections, if any, are to be filed on or before the next
date fixed before the Executing Court. In case of default, this order shall
automatically stand vacated.
MONIKA
2023.09.26 14:27
I attest to the accuracy and
integrity of this document
2023:PHHC:126446
CR-5635-2023 (O&M) -3-
7. If respondents/decree-holders is not satisfied with this order, an
application can be moved to recall the same within 30 days.
8. The revision petition stands allowed in the aforesaid terms.
9. Pending applications, if any, shall stand disposed of along with
this judgment.
September 25, 2023 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
MONIKA
2023.09.26 14:27
I attest to the accuracy and
integrity of this document
