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2019 Supreme(P&H) 15

RAJ MOHAN SINGH
Ramesh Kumar – Appellant
Versus
Tarsem Lal Rajinder Kumar – Respondent


Advocates Appeared:
Harmanpreet Sehgal, Adv., S.C. Arora, Adv.

JUDGMENT :

Raj Mohan Singh, J.

Petitioner has preferred this revision petition against the order dated 13.11.2018 passed by the executing Court whereby objections filed by the petitioner were dismissed.

2. Tarsem Lal Rajinder Kumar, Commission Agents through Tarsem Lal as sole proprietor filed a suit bearing No.742-1 on 25.11.1995 for recovery of Rs.3,22,646/- along with interest against partnership firm M/s Girdhar Rice Mills and its partners on account of purchase of paddy by the partnership firm.

3. The suit was decreed by the trial Court vide judgment and decree dated 15.12.1997. Respondents No.5 to 7 were proceeded against ex parte.

4. Thereafter, the decree holder Tarsem Lal filed execution petition on 17.07.1998 for execution of said decree. The mode of execution was by way of attachment and sale of moveable and immoveable properties of the judgment debtor.

5. Defendant No.6 Subhash Chander filed an application under Order 9 Rule 13 CPC for setting aside the ex parte decree. On 11.09.1999, he made a statement before Additional Civil Judge (Senior Division), Muktsar that during pendency of the application, he shall not sell the land and machinery of M/s Girdhar Rice Mills. Order wa







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