VINOD K.SHARMA, J. - (1.) PRESENT revision petition is directed against the orders passed by the learned Additional Civil Judge (Sr.Division), Dasuya vide which objections filed by the petitioner under section 47-A read with section 151 of the Code of Civil Procedure has been ordered to be dismissed.
(2.) THE decree holder filed a summary suit under section 37 of the Code in the Hon'ble High Court of Mumbai. A decree for the recovery of a sum of Rs. 22,67,479/- along with interest was passed against the objector. The decree passed by Hon'ble High Court of Mumbai stands transferred to the Executing Court. The objector claimed that the decree is inexecutable being nullity by raising the following grounds : (i) The objector has his place of residence and business at Dasuya District Hoshiarpur and therefore, only the civil court at Dasuya had the jurisdiction to try and decide the case and the civil court at Mumbai had no territorial jurisdiction to pass any decree as per the provisions of Section 20 of the Code. (ii) It was claimed that as the civil court at Mumbai inherently lacked the jurisdiction, therefore, the objections to the decree could be raised even in the execution proceedings. (iii) Three cheques dated 19.8.2001 for a sum of Rs. 7,00,000/- were given as security in due course of business which were payable at Dasuya. It was claimed that the cheques were dishonoured at Dasuya and therefore, Dasuya Court had only jurisdiction to pass the decree. (iv) It was also claimed that the decree was secured by the decree holder by playing fraud by supplying intentionally wrong fact/information and documents.
(3.) THE decree holder appeared in reply to the notice issued and took a plea that the objections were not maintainable as the decree was passed by Hon'ble High Court of Mumbai. It was also claimed that the objections have been filed with mala fide intention only to cause unnecessary delay and that the objections were frivolous.;