Boota Singh vs Oriental Bank of Commerce

Alok Singh, J.—Present petition is filed challenging the order dated 10.09.2010 passed by learned Additional Civil Judge (Senior Division), Jalalabad, whereby time to file objection to the execution application was declined.

Perusal of the record shows that a decree for recovery of money was passed in favour of the Plaintiff-decree holder - Respondent herein against the Defendant-Petitioner on 26.08.1998 by the Civil Judge (Junior Division), Ferozepur. After the passing of the decree by the Civil Judge, Ferozepur, outlined Court at Jalalabad, District Ferozepur, was created and now Jalalabad Court has territorial jurisdiction over the matter. Execution application was moved before the Jalalabad Court by the decree-holder, which is pending for the last more than 8 years and judgment debtor/Petitioner herein has not allowed the Executing Court to execute the decree.

On being asked by the Court, learned Counsel for the Petitioner is unable to say within what time, judgment debtor will pay the decreetal amount. Learned Counsel for the Petitioner argues that in the objection, judgment debtor-Petitioner wants to challenge the territorial jurisdiction of the Jalalabad Court on the ground that the decree was passed by the Ferozepur Court. Objection is not maintainable in view of the fact that at the time of passing the decree, Ferozepur Court was having jurisdiction and outlined Jalalabad Court was not created.

Petition is an abuse of process of law. Judgment debtor anyhow wants to prevent execution of money, which was passed against him. This is a fit case in which exemplary costs u/s 35-A CPC should be imposed.

Petition is dismissed with exemplary cost of Rs. 5,000/- to be paid by the Petitioner to the Respondent. Learned Executing Court is directed to decide the execution application within six months from today. Registry of this Court is directed to convey this order to the learned Executing Court immediately.