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PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
H.V.P.N.L.
Versus
Roop Chand
Civil Revision No. 263 of 2006,
Decided On : MARCH 10, 2006
Jurisdiction - Execution of Decree - Validity of Judgment and Decree - Attachment of Property
Fact of the Case:
The petitioners' objection application in a pending execution application was dismissed, and the executing Court ordered the attachment of their property. The petitioners had deposited an amount with the executing Court, and the Court felt that the attachment of their property deserved to be recalled.
Finding of the Court:
The Court found that the executing Court, except in rare cases, has no jurisdiction to look into the validity or otherwise of the judgment and decree under execution. The Court also ordered the amount deposited by the petitioners to be disbursed to the respondents without imposing any condition.
Issues: Validity of judgment and decree in execution, jurisdiction of the executing Court, attachment of property, disbursement of deposited amount
Ratio Decidendi: The executing Court has limited jurisdiction to look into the validity of the judgment and decree under execution, and the attachment of property may be recalled if the amount deposited satisfies the decree.
Final Decision: The objection application of the petitioners was dismissed, but the attachment of their property was recalled, and the amount deposited was ordered to be disbursed to the respondents without any condition.
1. Vide order, under challenge, objection application of the petitioners, in pending execution application, was dismissed. It is an admitted fact that the judgment and decree, execution of which is pending, have become final. Matter in execution is pending for the last so many years. This Court feels that the order passed by the Court below is perfectly justified as the executing Court except in rarest of the rare cases has no jurisdiction to look into validity or otherwise of the judgment and decree under execution. No case is made out for interference. Dismissed. However, as the petitioners, in pursuance to the order dated January 17, 2006, have deposited an amount of Rs.20,34,773/- with the executing Court, this Court is of the view that the attachment of their property deserves to be recalled. The executing court may attach the same again, if amount deposited, does not satisfy the decree, which is pending for execution. It is further made clear that the amount be disbursed to the respondents without imposing any condition what-so-ever, as ordered on January 17, 2006.
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