Objections lacking foundation and not raised during trial or appellate stage cannot be entertained at the execution stage.

Per V.K. Sharma, J. (Oral). The challenge herein in this revision petition under Section 115 of the Code of Civil Procedure, 1908 (in short ‘CPC’) is against the order dated 20.10.2011, passed by the learned Civil Judge (Junior Division), Jubbal, Shimla, H.P., whereby the execution objections filed by the petitioner/judgment debtor (JD) herein, under Section 47 read with Section 151 CPC, have been dismissed.

2.The execution petition arose out of a civil suit for grant of a decree of vacant possession of the suit land, filed by respondent No. 1/DH herein against the petitioner/JD, which was decreed vide judgment and decree dated 10.03.2006, Annexures P-1 and P-2. Being aggrieved, petitioner/JD carried the matter in appeal to the Court of learned Additional District Judge, Shimla, H.P., Camp at Rohru, which was dismissed vide judgment and decree dated 17.06.2010, Annexure P-2. Admittedly, no further appeal was filed.

3.It was against the foregoing background that respondent No. 1/DH filed execution petition, Annexure P-4, to which the petitioner/JD filed the aforesaid objections, Annexure P-5. It shall be appropriate at this stage to notice the objections raised by the petitioner/JD, which find place in paras 1 to 8 of the execution objections and are as under:

“1.That the execution petition in the present form is not maintainable since the objector/J.D. is one of the legal representatives of late Shishi Ram. Late Sh. Ram has two sons & two daughters and his widow wife who are all in possession of this land. They are not arrayed as parties hence the decree cannot be executed alone against the objector/J.D. The suit of the plaintiff/D.H. was for possession of the land comprised in khata khatauni No. 3 6/134 min khasra No. 666 measuring 0-01- 90 hectares situated in revenue chak Dharmara Teh. Jubbal, District Shimla (H.P.). The suit land was in possession of late Shishi Ram since his fore fathers. Shishi Ram made tremendous improvements over the suit land by planting apple orchards etc. over the suit land and the suit land had been coming in possession peacefully and without any interruption since the forefathers of the objector/J.D.2. That the decree holder filed a suit for possession only against the objector/J.D. which is not maintainable since the possession of the suit land was with Sh. Shishi Ram after the death of Shishi Ram all his legal representatives came in possession of the suit land as there is no legal partition among legal representatives of late Shishi Ram. Death certificate of late Shishi Ram & Register Intkal Mauja up Mahal Dharmara No Hadbadast­58/2 Teh. Jubbal is attached with objection for kind perusal of this ld. Court.3.That the D.H. filed the suit against JD after the death of Shishi Ram so the legal representatives of Shishi Ram are not made parties to the suit so on the ground of non- joinder of necessary parties the suit was liable to be dismissed since the judgment and decree passed by the ld. Trial Court is unexecutable in toto and against the interest of the other legal representatives of the late Shishi Ram.4.That the decree holder presented fabricated records before this ld. Court which are against the position of the spot. The land falls on PWD road which goes from Palsari to Khara Pathar and the land is on that road and the decree holder has received compensation and PWD Deptt. is also necessary party to be arrayed in the present suit. The D.H. has produced wrong tatima of the land in connivance with the revenue officials. The tatima as attached with the present suit is contrary to the position of the spot. The land falls in acquired width of HPPWD Deptt.5.That while issuing revenue record no proper demarcation was made on the spot. The record was prepared without measuring the land on spot.6.That the objector/J.D. has got hereditary land there and the D.H. has purchased the land there much later. Since the D.H. hails from other village and has settled there much later in this garb the D.H.