High CourtsSingle Bench

Chhotu vs Chhotu

Punjab And Haryana At Chandigarh · Decided on 13 May 1988 · Citation: (1988) 05 P&H CK 0105

HON’BLE JUDGES
S.S. Sodhi, J
CASE NUMBER
Civil Revision No. 2785 of 1987
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Judgment

4 paragraphs · 152 words

S.S. Sodhi, J.—The challenge in revision here is to the order of the executing Court accepting the judgment - debtors objections to the execution application filed by the decree-holder and the consequent dismissal of the proceedings.

2.

A reference to the record would show that the executing court did not frame any issues relating to the objections filed nor was any-specific opportunity granted to the parties to adduce evidence. The impugned order of the executing court cannot, on this account, be sustained and is accordingly hereby set aside, with the direction that the objection be decided afresh in accordance with law after affording the parties due opportunity of adducing evidence as they may wish to lead.

3.

This revision petition is disposed of accordingly. Costs of this petition shall be costs in the proceedings. Counsel fee Rs. 300/-.

4.

Parties are directed to appear before the executing Court on June 1, 1988.