CR 1480 OF 2011

1

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH.

CR 1480 OF 2011

Date of decision: 3.5.2012

Yashvir Nikhanj and another

.. petitioner

vs

Manishh Bindal

... respondent

Present

Mr. Jai Shree Thakur, Advocate.

Mr. Alok Jain, Advocate.

M.M.S. BEDI,J.

The petitioners have preferred this petition under Article 227 of

the Constitution of India against orders Annexures P-6 and P-7 dated

9.2.2011 passed by the executing court dismissing the objection petition

and the stay application of the petitioners.

Brief facts, relevant for the adjudication of this revision petition,

are that the respondent had filed an execution application against the

petitioners before the Civil Judge (Sr.D) Gurgaon seeking to enforce an ex-

parte decree dated 23.3.2007 passed by the Court of Queen's Bench at

Alberta, Judicial District of Calgary, Canada. The petitioners filed objections

before the executing court on the ground that the execution petition is not

maintainable as the Canada is not a reciprocating territory within the

meaning of Section 44-A CPC. The respondent has not submitted certified

copy of the ex-parte decree, b