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Mohan Singh vs Hazara Singh etc.

Punjab And Haryana At Chandigarh · Decided on 12 February 1996 · Citation: (1996) 113 PLR 194

HON’BLE JUDGES
R.S. Mongia, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 1835 of 1995
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Judgment

2 paragraphs · 188 words

R.S. Mongia, J.—It is not disputed that the petitioner had earlier filed objections before the executing court on April 27, 1988 which were dismissed by the executing court and that order was upheld by this Court on April 6, 1994. After the dismissal of those objections, the petitioner yet filed the present objection petition raising some other objection that in fact the decree was for joint possession. Learned counsel for the respondent (decree-holder) submitted that exactly similar objections filed by one Surjit Kaur widow of Pal Singh, Surinder Singh son of Pal Singh, Harjinder Singh son of Smitter Singh, Bakshish Singh son of Charan Singh and Smitter Singh son of Baj Singh son were dismissed by the executing court on May 6, 1987.

2.

Apart from the above, I am of the view that the petitioner having filed earlier objections, in which the present objections were not raised, the present objections petition would be barred by the principles of Order 2 Rule 2 of the CPC and the principles of constructive res judicata. Consequently, I do not find any merit in this revision petition, which is hereby dismissed.