IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 2670 of 2009 Date of decision : December 02, 2009 State of Haryana and others ....Petitioners versus Vas Dev ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Deepak Girhotra, AAG Haryana for the petitioners Mr. Rajive Sharma, Advocate for the respondent L.N. Mittal, J. (Oral) This revision petition under Article 227 of the Constitution of India has been filed by judgment debtors (Haryana State and others) assailing order dated 6.8.2008, Annexure P/3 and order dated 24.12.2008, Annexure P/5, passed by the executing court i.e. court of Civil Judge (Senior Division), Hisar. Vide order dated 6.8.2008, Annexure P/3, salary head no. 2053 of the judgment debtors was ordered to be attached to the extent of Rs 75,000/-. Thereafter statement was made by Tehsildar on behalf of JDs on 31.10.2008 that JDs shall make payment within a period of one month. However, the JDs failed to make payment. On the other hand, Tehsildar filed affidavit dated 3.12.2008 Annexure P/4 on 5.12.2008 affirming that a sum of Rs 22,680/- only remained to be paid to the decree holder-respondent. Learned executing court vide order dated 24.12.2008 Civil Revision No. 2670 of 2009 -2- did not adjudicate the said plea of the judgment debtors and did not record a finding as to how much amount is due from judgment debtors to decree holder, on the ground that the said calculation in affidavit Annexure P/4 was not filed in time by the judgment debtors. I have heard learned counsel for the parties and perused the case file. Learned State counsel for the petitioners states that challenge to order dated 6.8.2008, Annexure P/3 has been rendered infructuous because the attachment of some other head was subsequently ordered. As regards order dated 24.12.2008, Annexure P/5, the same cannot be sustained because it was the duty of the executing court to determine the balance amount remaining unpaid in terms of the decree which is sought to be executed. Without determining the said amount, the executing court could not have directed payment of Rs 75,000/- to the decree holder. Even if the calculation by JDs vide affidavit Annexure P/4 was not filed in time or was not filed at all, even then the executing court had to determine as to what amount remained to be paid under the decree to the decree holder. Learned counsel for the respondent-decree holder contended that the execution petition is pending since the year 2002 and is being delayed by the judgment debtors on one pretext or the other. This grievance of the decree holder can be taken care of by issuing appropriate directions to the executing court. In view of the aforesaid, the instant revision petition is allowed. Order dated 24.12.2008, Annexure P/5 passed by the executing court is set Civil Revision No. 2670 of 2009 -3- aside and the executing court is directed to determine the amount which remains payable under the decree sought to be executed after granting opportunity of hearing to both the parties and to proceed with the execution petition, in accordance with law. The said determination shall be done by the executing court within two months from the date of receipt of certified copy of this order and after the said determination, the amount found due shall be paid by the JDs within further period of one month, subject to right of the petitioners to challenge the amount so determined by the executing court. ( L.N. Mittal ) December 02, 2009 Judge 'dalbir'