DES RAJ Vs. MAHAVIR PARSHAD
LAWS(HPH)-2007-5-36
HIGH COURT OF HIMACHAL PRADESH
Decided on May 03,2007

DES RAJ Appellant
VERSUS
Mahavir Parshad Respondents


Referred Judgements :-

PRATIBHA SINGH VS. SHANTI DEVI PRASAD [REFERRED TO]


JUDGEMENT

DEV DARSHAN SUD,J. - (1.)THIS revision has been preferred by the Judgment Debtor against the order of the learned Executing Court, dismissing the objections filed by the petitioner ­ Judgment Debtor under Section 47 of the Code of Civil Procedure.
(2.)THE case has a very chequered history. The suit, after contest in the learned trial Court, has seen its course through the appellate procedure including appeal/ review to this Court and Special Leave Petitions which were filed in the Hon'ble Supreme Court of India.
This Court, in the second appeal, upheld the decree in favour of the plaintiff after which the matter was taken up in the Hon'ble Supreme Court. A review Petition (Civil Review No. 40/1998) was also filed in this Court which was dismissed. Against this order, Special Leave Petition (Civil) 1369/1999 was preferred which was dismissed by the Hon'ble Supreme Court on 10.1.2000. The decree is now being executed.

(3.)THE Judgment Debtor has resisted execution of the decree principally on the ground that the property of which possession is to be delivered has not been properly identified in the execution petition. Another objection put forward by the Judgment Debtor is that an application under Sections 152, 153 and 153-A of the Code of Civil Procedure was moved by the Judgment Debtor for correction of the clerical and arithmetical mistakes arising out of the accidental slip or omission in the judgment and decree with respect to the immovable property as described in clause A of the heading of the plaint. Initially, this application was filed in this Court which was registered as CMP 790 of 2002 and was later on sent to the trial Court for decision. By an order dated 13.2.2003, the correction has been carried out by consent of the parties.


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