- (1.) This revision petition has been filed under Article 227 of the Constitution of India assailing order dated 15.11.2011 Annexure P-8 passed by Executing Court i.e. Civil Judge (Jr. Division), Ludhiana. This case has a chequered history. Land of the petitioner was auctioned in execution of proceedings for recovery of compensation amount. Petitioner filed Objections against auction sale of the land. The said Objections were dismissed in default by the Executing Court. Appeal and revision were dismissed by first Appellate Court and by this Court. However, Hon'ble the Supreme Court vide order dated 9.6.2010 Annexure P-3 allowed Civil Appeal No. 2395 of 2008 preferred by the petitioner herein subject to payment of Rs. 50,000/- to respondent No. 5 (auction purchaser) within three weeks as condition precedent without which the appellant i.e. petitioner herein would not be allowed to prosecute its Objections.
(2.) Petitioner moved application Annexure P-5 in the Executing Court on 16.7.2010 alleging that pursuant to order Annexure P-3 of Honble the Supreme Court, the petitioner got prepared pay order for Rs. 50,000/- cost amount on 24.6.2010 and sent the same to respondent No. 5 - M/s Jaggan Singh and Company through Jagjit Singh, 203, Bhai Randhir Singh Nagar, Ludhiana by registered post but the same was received undelivered. Thereafter, petitioner's officials tried to deliver the said pay order to respondent No. 5 by going to property No. 203 in all the blocks of Bhai Randhir Singh Nagar, Ludhiana but respondent No. 5 could not be traced and therefore, pay order could not be delivered. Civil Courts were closed since 16.6.2010 till 15.7.2010. Accordingly petitioner moved application Annexure P-5 on 16.7.2010 along with pay order for Rs. 50,000/- dated 24.6.2010 for delivering the same to respondent No. 5.
(3.) Respondent No. 5 opposed the application by filing reply Annexure P-6 alleging that its address is 203-C, Bhai Randhir Singh Nagar, Ludhiana and the pay order was sent at incomplete address i.e. 203, Bhai Randhir Singh Nagar, Ludhiana.;