VINOD K.SHARMA,J - (1.) THE petitioner by way of present revision has challenged the order 13.6.2005 passed by the learned Civil Judge (Jr. Divn.), Faridkot, vide which 2/3rd pension of the petitioner in execution of a decree has been attached by relying upon the judgment of this Court in the case of Ram Kanvar v. M/s. Ram Ricchhpal Banarsi Dass, 2002(2) Civil Court Cases 719.
(2.) THE brief facts of the case are that the petitioner and the respondent are husband and wife. The respondent-wife filed a suit for maintenance against the petitioner-husband. The said suit was dismissed by the learned trial Court and the appeal filed by the respondent-wife was allowed by the first Appellate Court and the Regular Second Appeal filed against the said order was admitted and 50% amount of the decree has been ordered to be stayed. In order to execute the decree, the respondent-wife filed an execution application for recovery of Rs. 36,000/- as maintenance and during the pendency of the said execution application, she filed an application for attachment of the pension of the petitioner or to send him to civil imprisonment.
(3.) THE petitioner filed objections to the said application which were dismissed by the learned executing Court by placing reliance on the judgment of this Court in Ram Kanvar's case (supra), wherein this Court was pleased to hold as under :- "The judgment-debtor-petitioner has miserably failed to show as to how any of his stipends and gratuities payable to pensioners of the Government has been ordered to be attached. There is neither any irregularity nor any illegality in the impugned order passed by the Executing Court. Therefore, the revision petition is wholly mis-conceived and is, thus, liable to be dismissed." ;