KRIPAL CLOTH HOUSE Vs. M/S HARNAM SINGH KARTAR SINGH
LAWS(ALL)-2013-7-289
HIGH COURT OF ALLAHABAD
Decided on July 10,2013

Kripal Cloth House Appellant
VERSUS
M/S Harnam Singh Kartar Singh Respondents

JUDGEMENT

Sibghat Ullah Khan, J. - (1.) Heard learned counsel for both the parties.
(2.) This revision by judgment debtor is directed against order dated 1.5.1999 passed by 8th A.D.J. Faizabad in Misc. Case No. 356 of 1997, M/s. Kripal Cloth House v. M/s. Harnam Singh Kartar Singh , through which application of the applicant under Section 47 C.P.C. filed in execution case no.1 of 1997 was rejected.
(3.) There was a dispute regarding payment/non payment of amount for the goods/clothes in between the parties hence the matter was taken up by the arbitrator as per arbitration clause in the agreement between the parties and the arbitrator gave an award against the applicant. The award was filed before a Delhi court for making the same rule of the court. The matter was registered as O.S. no.175 of 1993. Notices were issued to the applicant who was defendant in the said suit. However, applicant did not file objections within time hence A.D.J. Delhi through order/decree dated 30.11.1996 made the award rule of the court. Thereafter application for transfer of the decree was filed under Order 21 Rule 6 C.P.C. before A.D.J. Delhi and the decree was transferred for execution to the Court of 8th A.D.J. Faizabad where it was registered as execution case no.1 of 1997. Decree was sought to be executed against the immovable property/shop of the applicant.;


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