C.R. No. 7628 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7628 of 2009 Date of Decision: 09.07.2010 Constable Bachitar Singh No. 2798/Amritsar .... Petitioner Versus The Home Secretary, Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Mr. B.S. Jaswal, Advocate for the petitioner Mr. Satish Bhanot, Addl. A.G. Punjab 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. The present petition is filed challenging the order dated 21.7.2009 passed by Executing Court thereby dismissing the execution application moved by the present petitioner/decree holder having recorded that entire payment under the decree has already been made to the decree holder. 2. The brief facts of the present case are that plaintiff – petitioner had filed Civil Suit No. 118 of 2003 in the Court of Civil Judge (Jr. Divn.) Amritsar seeking declaration to the effect that plaintiff is entitled to service benefit for the services rendered by him in the Army from 7.10.1965 to 12.11.1973 and further plaintiff is entitled for fixation of salary, increments, seniority and of selection scale; Suit filed by the plaintiff was decreed vide judgment dated C.R. No. 7628 of 2009 2 24.1.2004; Petitioner/decree holder moved an execution application which was registered as RBT Execution No. 333 of 2007 on the file of Civil Judge (Jr. Divn.) Amritsar; In the execution file judgment debtors have filed their objections contending that after the decree, petitioner was given benefit of services rendered by him in the Army and his pay was refixed two additional increments were calculated and all the payment has been made to the decree holder – petitioner. Learned Executing Court found favour with the judgment debtor. It is observed by the Executing Court that amount has already been paid to the judgment debtor after giving entire benefit of the service rendered in the Army, hence nothing remains to be paid. The Executing Court dismissed the execution vide impugned order dated 21.7.2009. 3. On being asked repeatedly by this Court, learned counsel for the petitioner stated that neither he nor his client is in a position to tell how much remaining amount is outstanding against the judgment debtor. He further stated that calculation chart must be prepared and submitted by judgment debtor before this Court and petitioner is not duty bond to calculate and to submit any chart before this Court. 4. Learned counsel for the petitioner is not able to tell what is outstanding amount for which execution should be allowed to continue. At the other hand definite case of the judgment debtor is that entire amount after granting benefit of the decree has already been paid to the petitioner. Petitioner no where denies that he has not been paid amount pursuant to the decree, his only case is that something is still outstanding but what is the amount of outstanding he is not in a position to tell. C.R. No. 7628 of 2009 3 The petition is devoid of merit, hence dismissed. (ALOK SINGH) 09.07.2010 JUDGE reena