CR No.1364 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.1364 of 2009 Date of decision March 10, 2009 Gurdev Kaur @ Jeeto ....... Petitioner Versus Baldev Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashwani Talwar, Advocate for the petitioner. **** 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? K. Kannan, J (oral). 1. The revision is against the order dismissing the application filed under Section 151 of the Code of Civil Procedure for restraining the execution of decree purported to have been obtained on exercise of fraud by the decree holder. The decree lawfully obtained cannot be taken to be invalid till it is set aside in the process known to law. There can be no presumption that any decree is obtained by fraud, which depends on the nature of evidence adduced on the plea of the plaintiff to show that the decree is vitiated by any of the circumstances setforth in the plaint. 2. The execution of the decree could be stayed only if it is also shown that by such execution the plaintiff will be put to immense loss and hardship and it will have to be established by necessary averments, of the consequences, if the decree is put in execution. The plaintiff has not even stated where her petition that she is in possession of CR No.1364 of 2009 2 the property and that if decree is put in execution, her possession to the property will be in any way disturbed. The immense loss and hardship that the petitioner was bound to show before securing any interim order has not been made before the Court below and dismissal of the petition by the Court below. Under these circumstances, there is no warrant for interfering with the order already passed. 3. The Civil revision petition is dismissed. (K. KANNAN) JUDGE March 10, 2009 archana