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GURBIR SINGH
Rishi Raj Chauhan @ Rishi Raj Pal Singh Chauhan – Appellant
Versus
Arun Sharma – Respondent
| Table of Content |
|---|
| 1. challenge to execution orders (Para 1) |
| 2. arguments regarding forfeiture of objections (Para 2) |
| 3. court’s observations on objection rights (Para 3 , 4 , 5) |
| 4. decision allowing opportunity to file objections (Para 6) |
| 5. conclusion and order of the court (Para 7 , 8 , 9) |
Judgment
Mr. Gurbir Singh, J.
Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 06.02.2023(Annexure P-8), passed by learned Civil Judge (Junior Division), Gurugram (for brevity – the Executing Court), whereby right to file objections in execution pending on behalf of petitioner, has been forfeited. Further challenge is to the order dated 03.08.2023 (Annexure P-12), passed by the learned Executing Court, whereby application for setting aside the order dated 20.02.2023 (Annexure P-9) has been dismissed, along with prayer to quash the said order dated 20.02.2023, whereby the petitioner has been proceeded against ex-parte in execution petition.
2. Learned counsel for the petitioner has argued that vide order dated 06.02.2023, right to file objections by the petitioner has been forfeited. The petitioner has been proceeded against ex-parte vide ord
The court ruled that the right to file objections in execution proceedings cannot be forfeited, emphasizing the principles of natural justice and the right to a fair hearing.
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