CR 208 of 2003. 30.10.2008 Present: Mr. K.D.Sood, counsel for the petitioner. Mr. Anand Sharma, counsel for respondents 1 to 8 and 10 to 16. This revision petition is directed against the order passed by the learned Executing Court on 16.1.2003 dismissing the application filed by the Decree Holder – petitioner herein for restoration of the execution petition which was dismissed in default on 21.6.1998. The sole reason for dismissing the petition preferred by the Decree Holder herein was that the legal representatives of Judgment Debtor Sunder Singh had not been brought on record within time. This order cannot be sustained. The learned Court has lost sight of Order 22 Rule 12 of the Code of Civil Procedure which excludes the applicability of Rules 3, 4 and 9 of Order 22 to execution proceedings. This revision petition is accordingly allowed; the order passed by the executing Court is quashed and set aside. Parties to appear before the learned Executing Court on 28.11.2008. The learned Executing Court will determine whether there exists sufficient -2- cause for restoration of the execution petition or not. Parties will be at liberty to lead any evidence etc. in support of their respective stands. Let record of the Court(s) below be sent back forthwith. The petition is disposed of. October 30, 2008 (PC). (Dev Darshan Sud), J.