- (1.) The petitioner-Hind Samachar and Dainik Punjab Kesari is aggrieved of the impugned order dated 22.02.2011 (Annexure P-5) vide which the warrant of attachment of the property of the company in execution of the judgment and decree dated 23.06.2003 (Annexure P-1), has been sought to be executed.
(2.) Mr. Sahni, learned counsel appearing on behalf of petitioner has drawn the attention of this Court to the memo of parties of the suit which has resulted into decreeing of the same. Same reads thus:- "Shri Dutt Puri Maharaj, follower of Lakhia Baba, Village and Pargana Ghyalat, Tehsil Arki, District Solan (H.P.) ...Plaintiff Versus 1. Lakhia Baba r/o Village and Pargana Dhundhan, Tehsil Arki, District Solan (H.P.). 2. Shri Narender Kumar, Press Reporter R/o Kharaiwan (Arki), Pargana Deera, Tehsil Arki District Solan (H.P.) 3. The Editor, Newspaper, The Danik Punjab Kesari Jalandhar, Punjab. 4. Krishan Singh s/o Sh. Hari Singh r/o Village Bated, Pargana Saryanj, Tehsil Arki, Distt. Solan (H.P.) 5. The Publisher, Newspaper, The Danik Punjab Kesari Jalandhar, Punjab. 6. Babu Ram son of Sh. Deep Ram r/o Village Nawan, Pargana Saryanj, Tehsil Arki, District Solan (H.P.) ...Defendants"
(3.) He submits that company has not been arrayed being juristic person, only editor or publisher have been arrayed as the defendant Nos. 3 and 5 as is evident from memo of parties. The Decree Holder under the guise of aforementioned decree is seeking attachment of the property of the company which is not permissible in law. He has drawn the attention of this Court to the provision of Order 1 Rule 3 of the Code of Civil Procedure. Mr. Gill, learned counsel appearing on behalf of Decree Holder submits that it is an ex parte decree which has attained finality. The company is not the party and, therefore, revision petition against the order of Executing Court at the instance of the company is not maintainable. The trial Court is proceeded while executing the decree. Even the order dated 12.03.2010 was passed seeking attachment of the property of editor and publisher. Operative part of the same reads thus:- "Let fresh warrants of attachment of property of Editor and Publisher along with other JDs be issued for 17.05.2010, subject to filing of list of property of JDs within the period of ten days." and thus prays for dismissal of the revision petition. I have heard learned counsel for the parties and appraised the paper book.;