Civil Revision No. 2677 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2677 of 2008 Date of decision: 26.4.2010 Surat Singh ...Petitioner Versus Rama Nand ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. R.K.Saini, Advocate for Mr. G.S.Hooda, Advocate for the petitioner. Mr. Neeraj Malhotra, Advocate for Mr. Vinod S. Bhardwaj, Advocate for the respondent. S.D.ANAND, J. In the course of the execution proceedings of the impugned judgment dated 6.5.2006 with regard to the auction proceeding and the effect of service was farce and fraudulent affair. The learned Executing Court declined to frame the issues and adjourned the matter for obtaining authentication of the averment for ascertainment of the fact whether 75% of the purchase amount had been deposited within time. A similar controversy came up before this Court in Punjab National Bank Vs. Rajesh Kumar Jain and another 1991 (1) Latest Judicial Reports 478. It is observed by the Bench therein that objections could not be disposed of without trial and that the plea of fraud could not be considered or dealt with summarily. Civil Revision No. 2677 of 2008 -2- **** In this case, the defendant-petitioner raised a plea that he had been defrauded inasmuch as no service of notice under Order 21 Rule 66 C.P.C. Came to be effected upon him. In the light thereof, the impugned order shall stand set aside. The learned Executing Court shall dispose of the controversy afresh in view of the law laid down by this Court in Rajesh Kumar Jain's case (supra). April 26, 2010 (S.D.Anand) Pka Judge