IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7760 of 2009(O&M) Date of Decision: April 5, 2011. Kishan Singh. ...... PETITIONER(s) Versus Ishar Singh. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Munish Gupta, Advocate for the petitioner. Mr. B.P.S.Virk, Advocate for the respondent. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for quashing impugned order dated 14.11.2009 passed by learned Additional Civil Judge(Senior Division), Anandpur Sahib vide which objections filed by petitioner-JD were dismissed. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. CR No.7760 of 2009 A coordinate Bench of this Court while issuing notice of motion passed following order on 08.03.2010:- “Contends that the petitioner is willing to make the entire payment due towards him within a period of six months and is thus willing to settle the matter. Notice of motion for 27.5.2010.” Hence, perusal of aforementioned order shows that notice of motion in this case was issued on the undertaking of counsel for the petitioner that petitioner is willing to make entire payment due towards him within a period of six months and is willing to settle the matter. However, it has been stated by learned counsel for the respondent that no amount has been paid by the petitioner till today. It has also been stated by learned counsel for the petitioner that petitioner has not complied with order of this Court dated 08.03.2010 and no amount has been paid till today. It is a money decree. The suit filed by respondent-decree holder was decreed for recovery of `1,08,000/- alongwith costs and interest. It has been contended by learned counsel for the respondent- decree holder that even learned Executing Court is not proceeding further with the execution in view of pendency of revision petition before this Court. Objections filed by petitioner-JD were dismissed by learned Executing Court by observing as under:- “4. The learned counsel for the JD has argued that the present execution application is not maintainable as the execution in question has already been dismissed U/O 9 Rule 8 CPC for non appearance of the decree-holder. He further argued that the execution application is barred by the principle of resjudicata. But the learned counsel for the JD has failed to show any 2 CR No.7760 of 2009 provision under which the second application of the decree- holder is barred and how principle of resjudicata is applicable in the execution application. The learned Counsel for the JD has further argued that the execution application is time barred. The present execution application has been filed on the basis of judgment and decree dated 21.08.1996. The decree is executable within a period of 12 years and the present execution application is well within the limitation. The learned counsel for the JD has further argued that the present execution application has not been filed by the proper person and as such the same is not maintainable. The learned counsel for the JD has failed to convince the Court as to how the present execution application has not been filed by the proper person. Decree-holder Ishar Singh has duly appointed his son Avtar Singh to pursue the execution application and the photostat copy of the said power of attorney is already on file. Hence the objections being without any merits are liable to be dismissed and the same are hereby dismissed.” Hence, in view of these facts and particularly in view of the fact that order dated 08.03.2010 passed by this Court has not been complied with by petitioner-JD, I am of the view that no illegality or material irregularity has been committed by learned Executing Court in dismissing the objections filed by petitioner-JD, warranting interference by this Court. There is no merit in the present revision petition. The same is, hereby, dismissed. ( RAM CHAND GUPTA ) April 5, 2011. JUDGE 'om' 3