- (1.) THIS is an execution second appeal against an appellate order of Mr. D. P. Sodhi, Senior subordinate Judge, Rohtak, dated 19-11-1951, confirming the order of the executing Court which had held that the decree was inexecu table.
(2.) THE Co-operative Bank of Harsana Kalan took out execution for a sum of Rs. 225/-against ram Sarup on the basis of an award made by the Liquidator, which is Ex. D. H. 1. An objection was token by the judgment-debtor that this award which operates as a decree could not be executed, because there was previous agreement between the parties that the judgment-debtor will be free from all liability in 'praesenti' or in 'future'. It is not quite clear from the record whether this agreement was pleaded as a bar before the arbitrator, but whether it was pleaded or not that is not a question which can be gone into by an executing Court whose jurisdiction extends to executing the decree or not executing it only when it is without jurisdiction. Merely because there was an order (agreement?) previous to the decree that the debtor will have no further liability, limited or unlimited, is not a ground of jurisdiction, but could only have been raised as a bar to the making of the award. In the circumstances I am of the opinion that both the courts below were in error in refusing to execute the decree.
(3.) I would therefore allow this appeal, set aside the order of the Courts below and direct that the execution should proceed. In view of the fact that there is no appearance for the respondents)there will be no order as to costs in this Court, but the judgment-debtor will pay the costs o the two Courts below.;