Civil Revision No. 4043 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4043 of 2005 Date of decision: 06.08.2009 The Punjab State and others ....Petitioners versus Mohinder Kaur and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. R.L. Gupta, Addl. A.G., Punjab. *** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 25.4.2005, passed by the learned Executing Court, vide which the property of the judgment-debtor was ordered to be attached for recovery of the balance decretal amount, amounting to Rs.24,927/- (Rupees twenty four thousand nine hundred twenty seven only). The respondent-decree-holder had moved an application for execution, claiming therein that the total decretal amount was not paid, as the State was insisting on adjusting the payment towards principal first and then interest, whereas the amount towards interest was to be adjusted first and thereafter towards principal. The learned Executing Court, therefore, by way of order dated 15.11.2003 directed the petitioners herein to recalculate the amount paid by them by first adjusting it towards principal and then towards interest, and the case was adjourned to 5.1.2004, for the said purpose. Civil Revision No. 4043 of 2005 -2- However, in pursuance to the order passed, the petitioners chose not to file any calculation. The calculations filed by the decree- holder showed that an amount of Rs.24,927/- (Rupees twenty four thousand none hundred twenty seven only) was still due under the decree. The warrant of attachment was ordered for recovery of Rs.24,927/- (Rupees twenty four thousand none hundred twenty seven only), on 6.1.2004. On 11.2.2005, the petitioner-judgment-debtors again moved an application, claiming therein that the total decretal amount stood paid. The application was rejected by passing the following order: “After hearing the Ld. counsel for the DH Claimant and Shri Dunni Chand on behalf of the JD and from perusal of the record, it is revealed that my predecessor Shri S.M.S. Mahal, the then Ld. Addl. District Judge in his order dated 6.1.2004 passed a categorical order that Rs.24,927/- remains due from the JDs and accordingly warrants of attachment of the property of the JD regarding the payment of Rs.24,927/- were ordered to be issued against the JD. From the record it is revealed that no amount has been paid by the JD so far after 6.1.2004. Even from the application so moved on behalf of the JDs does not substantiate the objections which may warrant the dismissal of the execution can be gathered, nor any competent officer has come present on behalf of the JDs in this court. The oral version on behalf of the JDs that the amount has already been paid to the claimant does not make any cogent ground which may warrant the interference by way of objections in the order passed by Shri S.M.S. Mahal, the then Ld. Addl. District Judge dated 6.1.2004. Accordingly, the objection petition on behalf of the JD is, hereby, Civil Revision No. 4043 of 2005 -3- dismissed. Warrant of attachment of the property of JD be issued for 25.5.2005.” Learned Additional Advocate General, Punjab, contends that as per the calculations submitted by the petitioners, the total decretal amount stood paid, therefore, the impugned order deserves to be set aside. On consideration, I find no force in the contention. The learned Executing Court considered the calculations submitted by the State and held that the calculations could not be accepted, as the State had adjusted the amount first towards principal and then towards interest. The petitioners have failed to submit any calculation in this Court to justify their assertion that the total amount stood paid. The calculations submitted by the State were rightly rejected being not permissible in law. No ground, therefore, is made out to interfere with the order passed. No merit. Dismissed. (Vinod K. Sharma) Judge August 06, 2009 R.S.