CR No. 3945 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 3945 of 2010 Date of decision:- 15.02.2011 M/s Baij Nath Asharfi Lal ....Petitioner Vs. Ajay Gupta and others. ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Ashok Gupta, Advocate, for the petitioner. Mr. S.M. Sharma, Advocate, for the respondents. A.N. JINDAL, J (ORAL) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 05.06.2010 (Annexure P-6) passed by the trial Court dismissing the objection petition filed by the petitioner. Counsel for the petitioner has submitted that the trial Court did not make any categorical observations with regard to the maintainability of the execution petition vide which both the parties claim rights against each other. Order 21 Rule 19 CPC in this regard reads as under:- “19. Execution in case of cross-claims under same decree.- Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then- (a) xx xx xx xx xx xx (b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger sum and for so much only CR No. 3945 of 2010 2 as remains after deducting the smaller sum and satisfaction for the smaller sum shall be entered upon the decree.” It is not disputed that one execution filed by the present respondent is pending at Kanpur, whereas the present execution filed by the respondent is pending before the Civil Judge (Junior Division), Ambala. The petitioner has stated that he is entitled to the higher sum than that of the respondent. I have gone through the impugned order (Annexure P- 6), which does not decide the aforesaid objection raised by the petitioner. Thus, without disturbing the impugned order, this petition is disposed of with a direction to the trial Court to decide the objection with regard to maintainability of the execution petition, within three months. The parties are directed to appear before the executing Court on 15.03.2011. (A.N.JINDAL) 15th of February, 2011 JUDGE ajp