Civil Revision No. 1423 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1423 of 2009 Date of decision: 17.03.2009. Gurnam Singh ....Petitioner Versus Gian Kaur ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr.Padam Jain, Advocate, for the petitioner ***** S.D.ANAND, J. The judgment debtor is in revision against the impugned order dated 19.2.2009 vide which the objections filed by him on 24.5.2008 were rejected. The copy of the objection petition is available on record as Annexure P-2. It is apparent therefrom that a civil suit came to be decreed exparte (in favour of decree holder-respondent and against the judgment debtor-objector), vide judgment and decree dated 12.2.2008. It was only much later that the petitioner-objector filed a plea for the setting aside of the impugned exparte judgment and decree. In the present application Annexure P-2, the petitioner-objector applied for the dismissal of the execution, with costs thereof, on the plea that the exparte proceedings against him had been invalidly ordered and that the petitioner-decree holder had not been properly served to appear at the trial. The learned counsel for the petitioner is not in a position to Civil Revision No. 1423 of 2009 -2- **** deny that the application under Order 9 Rule 13 C.P.C. for the setting aside of the impugned judgment and decree stands rejected and an appeal filed by the petitioner-judgment debtor is pending consideration of the learned District Court. It is not even the plea that any stay application had been filed in the appeal pending before the learned District Court. In the light thereof, the prayer made by the petitioner-objector for dismissal of the execution application could just not have been allowed by the learned Executing Court. Dismissed in limine. March 17, 2009 (S.D.Anand) Pka Judge