Rajasthan High Court - Jodhpur
Vijay Singh Alias Vijay Kumar Alias Luna ... vs Rajpal (2025:Rj-Jd:3330) on 17 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:3330]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21223/2024
Vijay Singh Alias Vijay Kumar Alias Luna Ram S/o Shri
Bhagirath, Aged About 55 Years, R/o Ward No. 05, Pakkasaran,
Tehsil And District Hanumangarh.
----Petitioner
Versus
1. Rajpal S/o Shri Darshan Singh, R/o 30 M.m.k.,
Pakkasaran, Tehsil And District Hanumangarh.
2. Laxman S/o Shri Darshan Singh, R/o 30 M.m.k.,
Pakkasaran, Tehsil And District Hanumangarh.
3. Bittu Singh S/o Shri Darshan Singh, R/o 30 M.m.k.,
Pakkasaran, Tehsil And District Hanumangarh.
4. Sukhvindra Singh S/o Shri Darshan Singh, R/o 30 M.m.k.,
Pakkasaran, Tehsil And District Hanumangarh.
5. Rajo W/o Rajpal, R/o 30 M.m.k., Pakkasaran, Tehsil And
District Hanumangarh.
6. Kavita W/o Laxman S/o Darshan Singh, R/o 30 M.m.k.,
Pakkasaran, Tehsil And District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. Baltej Singh Sandhu
HON'BLE MS. JUSTICE REKHA BORANA
Order
17/01/2025
1. The present petition has been filed with a prayer to quash
and set aside the execution proceedings pending before the
Judicial Magistrate, Hanumangarh.
2. Learned counsel for the petitioner submits that an
application under Order 9 Rule 13, CPC was filed on behalf of the
petitioner-defendant before the Prescribed Authority, Payment of
Wages Act, Hanumangarh (hereinafter referred to as the
'Prescribed Authority') for quashing and setting aside of the ex-
parte judgment dated 28.08.2023. The said application could not
be decided and hence, till the same is decided, the execution
[2025:RJ-JD:3330] (2 of 3) [CW-21223/2024]
proceedings cannot be pursued by the decree holder and the same
therefore, deserves to be quashed and set aside.
3. In the application under Order 9 Rule 13, CPC filed before
the Prescribed Authority, it was submitted on behalf of the
defendant that the information of reply of the defendant-petitioner
having been closed and further, the suit having been decided, was
not informed to him by his counsel and therefore, he was not
aware of the judgment dated 28.08.2023 passed by the Prescribed
Authority.
4. Heard learned counsel for the parties and perused the
material available on record.
5. A bare perusal of the judgment dated 28.08.2023 and the
record reflects that opportunity of reply of the defendant was
closed on 16.12.2022. After more than a period of one year, the
original application was decided vide judgment dated 28.08.2023.
The application under Order 9 Rule 13, CPC was filed on
05.02.2024 that too, after the execution proceedings having been
initiated by the applicant.
6. This Court does not find any ground to quash the execution
proceedings as firstly, the same are for execution of a judgment/
decree passed in accordance with law. Secondly, the petitioner
has failed to show any reason as to why the application under
Order 9 Rule 13, CPC filed on 05.02.2024 was not pursued by him
till date. Thirdly, the execution proceedings initiated by a decree
holder cannot be quashed or set aside merely for the reason that
the judgment debtor has preferred an application under Order 9
Rule 13, CPC for setting aside of the judgment/decree. The decree
holder who has a legal right to get the decree in his favour
[2025:RJ-JD:3330] (3 of 3) [CW-21223/2024]
executed, cannot be deprived of his said right only on the premise
of the judgment debtor having taken some remedy that too with a
delay.
7. Further, no prayer in the present writ petition has been made
for staying of the execution proceedings till the disposal of the
application under Order 9 Rule 13, CPC. The only prayer made is
for quashing and setting aside of the execution proceedings which,
for aforementioned reasons, cannot be granted.
8. In view of the above analysis, no case for interference in the
order impugned is made out. The present petition is hence,
dismissed.
9. Stay petition and all pending applications, if any, stand
disposed of.
10. It is however made clear that any observation made in the
present order shall not affect the decision of the application under
Order 9 Rule 13, CPC as filed by the defendant. The learned Court
shall be at liberty to decide the same on its own merit.
(REKHA BORANA),J
752-T.Singh/Devanshi-
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