IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Revision No.151 of 2007. Date of decision:08.05.2008. Jagdish …Petitioner Versus Sunil Kumar …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioner: Mr.Ajay Sharma, Advocate. For the Respondent: Mr.Rajiv Jivan, Advocate. Dev Darshan Sud,J. The Judgment Debtor has preferred this revision petition against the order passed by the learned executing Court dismissing his objections preferred under Section 47 of the Code of Civil Procedure. The basic grievance made by the Judgment Debtor is that the Decree Holder by a statement made on 3.3.2006 had stated that he has received possession of the property which was the subject matter of the execution proceedings. The averments made by the learned counsel appearing for the Judgment Debtor is that the learned executing Court has not granted any 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 opportunity to him to lead evidence on the issue. The learned counsel appearing for the Decree Holder submits that the statement made is not in accordance with the factual situation and the report of the Kanungo clearly shows that no possession of the property was delivered and the decree remained un- executed. If this be the position, then the remedy available was to have brought to the notice of the executing Court that the statement on which reliance has been placed by the Decree Holder is not correctly recorded and does not depict the true state of affairs. Of-course, once opportunity has been given to the Decree Holder to establish his case, it is also the bounden duty of the learned Court to have afforded an opportunity to the Judgment Debtor to lead evidence in support of his contention(s). From the record I do not find any such opportunity having been granted to the Judgment debtor. In the circumstances, this revision is allowed. The matter is remanded to the learned executing Court which will re-determine the question afresh as to whether the decree has been satisfied or not and for this purpose it shall grant full opportunity to the parties to lead evidence. Parties to appear before the executing Court on 30.05.2008. There shall be no order as to costs. The Registry is 3 directed to send the record back immediately and ensure that it reaches the Court before 30th May, 2008. May 8, 2008 (Dev Darshan Sud) (aks) Judge.