IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.No.6334 of 2010 (O&M) Decided on 26.11.2010. Surjit Singh --Petitioner vs. Jatinder Singh -- Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Amaninder Preet,Advocate,for the petitioner Mr.B.S.Bhalla,Advocate,for the respondent Rakesh Kumar Jain, J,(Oral) This revision petition is directed against the order dated 06.2.2010 passed by Civil Judge (Junior Division) Moga, by which property of the petitioner has been ordered to be sold in execution of an expate decree passed in Civil Suit No.32 dated 27.1.2005, decided on 13.3.2006. Learned counsel for the petitioner, inter-alia,contends that decree in question was passed against him ex-parte and his objection (Annexure P-2) in which he had alleged that the property sough to be sold is the only residential house in which his family is residing, cannot be sold in view of Section 60 (1) (ccc) of Code of CR No.6334 of 2010 (O&M) -2- Civil Procedure,1908 (for short.'CPC' ) has not been decided by the Executing Court and the property has been ordered to be sold on 6.2.2010. Learned counsel for the respondent, however, submits that as per the sale deed, the land in dispute is lying vacant and there is no house. In view of the stand taken by the respondent,a question of fact has arisen which has to be decided by the Executing Court as to whether the property in dispute, which is sought to be sold, is a built up house, which is used for residence by the family of the petitioner and if yes, whether the same can be attached and sold in accordance with law?. Since the objection has not been decided by the Executing Court, therefore, this revision petition is allowed and the impugned order is set aside. The matter is remitted back to the Executing Court to decide the objection (Annexure P-2) in accordance with law. The respondent is free to provide other list of property of the petitioner. In any case, the Executing Court is directed to decide the objection filed by the petitioner within six months from the date of receipt of certified copy of this order. 26.11.2010 (Rakesh Kumar Jain) RR Judge