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MAHENDAR KUMAR GOYAL
Puranchand – Appellant
Versus
Dineshchand – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dated 24.09.2019 passed by the learned Senior Civil Judge, Nadbai, District Bharatpur (for brevity, "the learned Executing Court") in Civil Case No.21/2014 whereby, while treating the application filed by the respondent No.1/decree holder (for brevity, "decree holder") under Order 21, Rule 106 CPC as an application under section 151 CPC, the order dated 17.01.2013 has been set aside and the execution petition is restored to its original number.
2. The relevant facts in brief are that the execution petition filed by the decree holder for execution of the decree dated 24.07.2003, was dismissed in default by the learned Executing Court vide order dated 17.01.2013. An application filed by him under Order 21, Rule 106 CPC for its restoration has been allowed by the learned Executing Court vide order dated 24.09.2019 treating the same to be under section 151 CPC.
3. Assailing the order, learned counsel for the petitioners/judgement debtors (for brevity, "petitioners"), submitted that the learned Executing Court erred in restoring the exec
The main legal point established in the judgment is the interpretation of 'hearing' in the context of dismissal of execution application and the applicability of Rule 106 of Order 21 of CPC.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The dismissal of an execution case for default does not prevent the filing of a subsequent execution case within the limitation period.
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
A fresh execution case can be filed within the limitation period even after the dismissal of a restoration petition for a previous execution case, as per the provisions of the CPC.
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
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