BEHARI LAL ATMA RAM AND ANR. Vs. L. KISHAN CHAND HARNAM DASS AND ORS.

JUDGEMENT

(1.) THE facts giving rise to this appeal may be shortly abated. A decree for Rs. 4,400 with costs was passed in favour of the decree holder by a civil Ct. in the erstwhile Kapurthala State on 23 -10 -2005. On 21 -11 -2005 the judgment -debtor applied to the executing Ct. for granting instalments for payment of the decree. The appln. was opposed by the decree -holder on the ground that according to the law prevalent in Patiala, which was to be considered the law for thy whole Union according to Section 3 of the Patiala & East Punjab States Union (General Provisions Administration) Ordinance (No. 16 of 2005) no executing Ct. could go beyond the decree, that it must execute the decree as it stands & that it had no power to grant instalments. The executing Ct. accepted the decree -holder's objection & dismissed the petn. the judgment -debtor hew now appealed to this Ct.

(2.) ORDINANCE No. 16 of 2005 was promulgated on 4 -11 -2005 & it was, therefore, in force at the time the judgment -debtor made the petn. Section 3 of the said Ordinance reads as follows:

(3.) THE result is that the appeal fails & is dismissed with costs.