- (1.) Dismissal of objection petition under Order XXI Rule 58 CPC preferred by the petitioners/applicants in execution of the decree dated 9.5.2012 by the executing court as also by the first appellate court on 9.7.2014 (Annexure P-5) and 22.9.2014 (Annexure P-6) respectively, form the genesis of the revision petition. At the outset, Counsel for the petitioners/applicants/objectors has urged that objections being under Order XXI Rule 58 CPC preferred by them, were required to be decided only after framing of issues and on giving opportunity to the parties to lead their evidence and could not have been dismissed summarily. Support has been sought from Pohlo Ram Sharma and others v. Narinder Singh Randhwara and others, 2008 1 RCR(Civ) 442, Sanjeev Kumar Kapil v. Jai Krishan Kaushal,2008 4 152 PunLR 446 and Avtar Singh v. Gurjeet Kaur, 1996 114 PunLR 567.
(2.) If we go through the objection petition (Annexure P-1) preferred by applicants/objectors, it becomes evident that the said petition has been preferred merely to delay and dilate the proceedings as not only averments in the objection petition are vague, fluid and non-clinching but even no supporting material or revenue documents had been placed on record. The executing court cannot be expected to follow only one track in deciding objections frivolously and vexatiously made though under the title and nomenclature of Order XXI Rule 58 CPC even when it clearly appears from the facts mentioned in the objection petition that there are no issues or material aspects to be adjudicated upon.
(3.) It is worth notice that to substantiate their claim, applicant/objectors were required to clearly and transparently put forth their objections supported by revenue documents but nothing of such sort was done. The property in attachment, which has been put to sale in terms of Order XXI Rule 66 CPC, is clearly identifiable as boundaries on all sides with detailed description has been given in the execution petition and no objection was raised ever when the same was put under attachment.;