IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 428 of 2010 Date of decision: 3.3.2011 Surinder Singh and others …Petitioners. Versus Kuldeep Singh and others. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Rakesh Jaswal, Advocate. For the respondents: Mr. Tarlok Chauhan, Advocate. Deepak Gupta, J. (oral) 1. This petition is directed against the order dated 6.9.2010 whereby the application filed by the judgement debtors for requisitioning the record of Civil Suit No. 153 of 1987 has been rejected. 2. In the trial Court the only ground given for requisitioning the record of the case was that the dispute involved in the earlier suit i.e. Civil Suit No. 153 of 1987 was similar to the dispute involved in the case out of which execution proceedings arise and 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. until the decision of the earlier suit the present proceedings were not maintainable. The records were sought to be requisitioned only on this ground. The learned trial Court rejected this application holding that such an application for reviving the suit could only have been filed in the civil suit and the execution proceedings could not be stayed because of the old suit being pending. I find no error in the order of the learned trail Court. 3. At this stage Shri Rakesh Jaswal, learned counsel for the petitioners states that he limits his prayer for requisition of the record for confronting the decree holders and his witnesses during the course of their evidence. Though this was not the prayer made in the application filed before the learned trial Court since the evidence of the decree holder has still to be examined. I have considered this prayer. 4. I feel that interest of justice will be served in case the record of the Civil Suit No. 153 of 1987 is requisitioned only for the purpose of confronting the witnesses and for no other purpose whatsoever. It is also made clear that while deciding the matter the learned Executing Court shall also take into consideration the judgement rendered by the learned Single Judge of this Court in RSA No. 303 of 1999 decided on 23rd June, 2008. The petition is disposed of in the aforesaid terms. No order as to costs. Dasti copy. 3rd March, 2011 (Deepak Gupta) ™ Judge