CR No. 1303 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 1303 of 2011 (O&M) Date of Decision: 24.02.2011. XPS Cargo Services .......Petitioner Vs. Dr. Rajender Singh Malik and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Maninder Arora, Advocate for the petitioner. ..... SABINA, J. Plaintiff had filed suit for recovery `. 3,89,588/-. Vide judgment and decree dated 6.4.2009, suit of the plaintiff was decreed. The trial court held as under:- “As per my findings on various issues above, the plaintiff succeeded in proving his case, therefore a decree for recovery of `. 3,57,350/- is hereby passed in favour of the plaintiff and against the defendants along with proportionate cost and interest @ 9% p.m. from the date of filing of present suit till actual realization. Decree sheet be prepared accordingly. File be consigned to the record room, after due compliance.” Plaintiff has now filed an execution petition. In the said petition, an application was moved by the petitioner that the CR No. 1303 of 2011 (O&M) -2- recovery should be effected first of all from defendant No.5 as the goods were insured with respondent No.5. Vide impugned order the said application moved by the petitioner was dismissed. Hence, the present petition. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. The trial court had passed a decree for recovery of `. 3,57,350/- in favour of the plaintiff and against the defendants. In these circumstances, the executing court could order the recovery of the amount in question from all the defendants. Hence, it cannot be said that the effort was to be made to effect recovery from defendant No. 5 at the first instance and thereafter from defendants No. 1 to 4. However, the trial court is directed to dispose of the objection petition (Annexure P-5) filed by the petitioner expeditiously. Dismissed. (SABINA) JUDGE February 24, 2011 Gurpreet