WPMS/1340/2021
2021 Latest Caselaw 2620 UK

                   Office Notes,
                reports, orders or
                 proceedings or
sl. No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPMS No.1340 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Avtar Singh Rawat, Senior Advocate for the petitioner.

A very peculiar situation has emerged in the present case, where the petitioner/ judgment debtor, had filed an objection under Section 47 of the CPC in an execution proceedings, which was rejected by the Executing Court by an order of the 20.04.2019, the impact of rejection of an objection under Section 47, of the CPC would assign a finality to the decree.

Subsequent thereto, the petitioner had filed an application under Order 26 Rule 9 of the CPC, which was rejected by the order of 27.11.2020, it is against this order, the petitioner has preferred a revision, which too has been rejected, it is these two orders which are under challenge in the present writ petition.

In order to verify the fact, as to whether the petitioner has given a challenge to the main order of rejecting his objection under Section 47 of the CPC, dated 20.04.2019 or not? The learned Senior Counsel for the petitioner submits that he wants to complete his instructions, so that the matter may be taken up on 27.07.2021.

The request is accepted.

Put up this writ petition on 27.07.2021.

(Sharad Kumar Sharma, J.) 26.07.2021

NR/