R S R T C vs Lal Chand
2024 Latest Caselaw 1204 Raj/2

Rajasthan High Court

R S R T C vs Lal Chand on 16 February, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:7966]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Revision Petition No. 377/1999

Rajasthan       State    Road       Transport         Corporation     through    its
Managing Director Rajasthan State Road Transport Corporation
Parivahan Marg, Jaipur
                                                                      ----Petitioner
                                       Versus
Lal Chand
                                                                    ----Respondent

For Petitioner(s) : Ms. Manjeet Kaur, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 16/02/2024

The Civil Revision Petition has been filed by the petitioner-

judgment debtor (for short 'the judgment debtor') under Section

115 CPC against the order dated 31.05.1996 passed by Additional

Civil Judge (Junior Division) & Judicial Magistrate No.3, Jaipur City,

Jaipur (for short 'the trial court') in execution No.73/1991,

whereby the application filed by the judgment debtor under

Section 151 CPC has been dismissed.

Learned counsel for the judgment debtor submits that

judgment debtor had filed an application under Section 151 CPC

before the executing court that execution petition filed by the

respondent-decree holder (for short 'the decree holder') was not

maintainable because the trial court while decreeing the suit filed

by the decree holder had not passed the specific order that what

amount the decree holder was entitled to get but the decree

[2024:RJ-JP:7966] (2 of 2) [CR-377/1999]

holder had furnished the details of recoverable amount as per his

own will. So, order dated 31.05.1996 passed by the executing

court be set aside.

I have considered the arguments advanced by learned

counsel for the judgment debtor and perused the impugned order.

While dismissing the application filed by the judgment

debtor, the executing court clearly mentioned that these

objections were previously considered and dismissed by the trial

court and suit filed by the decree holder was decreed and

termination order issued by the judgment debtor was declared ab

initio void. So, the decree holder was entitled to get the back

wages. So, in my considered opinion, the executing court rightly

dismissed the application filed by the judgment debtor. So,

present revision petition being devoid of merit, is liable to be

dismissed, which stands dismissed accordingly.

Pending application(s), if any, stand(s) dismissed.

(NARENDRA SINGH DHADDHA),J

Jatin /1

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