CR No. 2415 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh CR No. 2415 of 2011 Date of decision: 8.4.2011. Dilbagh Singh ..................Petitioner v. Shokat Masih ............... Respondent. Coram: Hon'ble Mr.Justice Jaswant Singh Present:- Mr.LS Sidhu,Advocate for the petitioner. Jaswant Singh,J.(Oral). Petitioner/ decree holder has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 22.3.2011 (P6) passed by learned Civil Judge (J.D.)Ferozepur vide which he allowed the application dated 22.3.2011 (P5) and directed the Garrison Engineer, Ludhiana not to deduct the attached salary of JD/respondent till further order. It is argued that impugned order has been passed on the same day of the application i.e. 22.3.2011 and that too without issuing any notice to the petitioner/decree holder and as such resulted in mis-carriage of justice. Heard learned counsel for the petitioner and perused the paper book carefully. It is admitted by the petitioner/decree holder himself that the respondent/JD is going to retire in the month of May 2011. It is also not in dispute that judgment and decree dated 28.3.2008 (P1 and P2) were passed ex-parte and application under Order 9 Rule 13 CPC for setting aside the same is pending before that very court and the issues have also been framed vide order dated 15.3.2011 (P4). Keeping in view the fact that the very basis for execution is the ex parte judgment and decree dated 28.3.2008 and an application for setting aside the same is pending and the judgment debtor is going to retire in the month of May 2011, therefore, the attachment of salary to the extent of 1/3rd share vide order dated 2.2.2010 has rightly been deferred till further orders i.e. 5.4.2011 the next date CR No. 2415 of 2011 2 fixed before the trial court. Even the learned counsel for the petitioner is not able to inform as to what happened on 5.4.2011. Keeping in view the facts and circumstances discussed hereinabove, this Court does not find any illegality or perversity in the impugned order dated 22.3.2011 passed by the learned Civil Judge (Junior Division)Ferozepur. Dismissed. 8.4.2011 (Jaswant Singh) joshi Judge