Civil Revision No.2185 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.2185 of 2009 Decided on : April 29, 2009 Phool Singh ... Petitioner VERSUS Smt.Kamlesh ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Surender Dhull, Advocate for the petitioner. A.N.JINDAL, J.- Heard. The petitioner has raised a serious grievance that the impugned order dated 17.1.2009 has been passed by the Executing Court on an application for setting aside the exparte judgment and decree whereas, the judgment-debtors could move the Civil Court for setting aside the said judgment and decree, which could be independently registered. Second grievance of the petitioner is that the decree dated 16.12.1999, which now has been sought to be set aside by moving the application dated 15.10.2007 was passed in Civil Suit No.528 of 1996, wherein, the predecessor of the judgment-debtors had appeared and also Civil Revision No.2185 of 2009 [ 2 ] filed written statement, therefore, the said decree could not be said to be exparte as the present judgment-debtors being the legal representatives have stepped into the shoes of their predecessor. Thirdly, it is contended by the counsel for the petitioner that Executing Court should not have framed issues and in any case, if the issues had been framed, then it should have treated issue No.2 regarding the bar of limitation on the application, as preliminary one and decide the same accordingly. Having considered the arguments, this revision is dismissed with a direction to the Trial Court to segregate the application and decide the same independently. At the same time, it should decide the execution application simultaneously. The court would also consider the matter with regard to deciding issue No.2 as preliminary and decide the same as expeditiously as possible, preferably within two months from the date of receipt of a certified copy of this order. April 29, 2009 ( A.N.JINDAL ) `gian' JUDGE