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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Sunita – Appellant
Versus
Parveen – Respondent
| Table of Content |
|---|
| 1. challenge to execution order based on procedural flaws. (Para 1) |
| 2. impugned order set aside for improper adherence to procedural law. (Para 3) |
| 3. final directive for reconsideration of pending application. (Para 4 , 5) |
JUDGMENT :
VIRINDER AGGARWAL , J .
1. This revision petition has been filed under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, challenging the order dated 06.09.2025 (Annexure P-20). By the said order, the objection petition filed by the petitioner in the execution proceedings was dismissed, and attachment of the petitioner’s salary was directed. The petitioner seeks to impugn the legality, propriety, and correctness of the impugned order, contending that it has been passed without due consideration of the facts and submissions raised in the objection petition, thereby necessitating interference under the supervisory jurisdiction of this Court.
2. The primary objection of the petitioner is that he has filed an application for setting aside the ex-parte decree under Order 9, Rule 13 of the Code of Civil Procedure (here-in-after to be ‘CPC’), which application is still pending consideration before the Cour
The court underscores the necessity of adhering to procedural laws regarding execution orders and salary attachment, emphasizing the importance of properly considering pending applications.
The court allowed the petitioner to pay the decretal amount in instalments, setting aside the attachment of salary, with a default clause for non-payment.
The decree holder can recover the awarded amount from any judgment debtor, including guarantors, as their liability is co-extensive with that of the principal debtor.
A judgment debtor must demonstrate sufficient grounds under CPC provisions to warrant a stay of execution, failing which, the court will uphold the trial court's decision.
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