- (1.) Challenge in this revision petition under Article 227 of the Constitution of India is the order dated 31.10.2011 passed by Additional Civil Judge (Senior Division), Ludhiana, vide which the application preferred by the present petitioner for framing issues and allowing him to adduce evidence, was dismissed.
(2.) Briefly stated, the present petitioner filed objection petition under read with Section 151 CPC. It was pleaded that decree holder in connivance with judgment debtor played a fraud upon the Court and got passed the decree dated 31.5.1997 from the Court of Sh. Sanjiv Joshi, PCS, Civil Judge (Junior Division), Ludhiana. It is pleaded that objector is owner of the shop in dispute which has been purchased by him through sale deed bearing No. 16623 dated 3.11.1997 for valuable consideration of Rs. 43,000/-. The mutation No. 3536 of sale has already been sanctioned in favour of the objector. The judgment debtor has taken possession over the shop in dispute illegally. The objector requested the judgment debtor to hand over the possession of the shop in dispute to the objector but he has refused. It is further pleaded that after passing of decree dated 31.5.1997 the decree holder and judgment debtor compromised on 22.7.1998 before the Court of Sh. C.D. Gupta, Additional District Judge, Ludhiana. That judgment is collusive. During the pendency of the objection petition, the petitioner filed an application for framing issues and to decide the objection after adducing evidence by the parties.
(3.) In reply, the respondent has submitted that objections are not maintainable. It is pleaded that decree for possession and for recovery of arrears of rent has been passed by the Court of Sh. Sanjiv Joshi, Civil Judge (Junior Division) Ludhiana on 31.5.1997. An appeal was preferred by the judgment debtor Sukhdyal and he sought one year time to vacate the shop. The appeal was dismissed but the judgment debtor had failed to comply with the terms of his statement.;