Dalip Singh vs Puran Singh

Sat Pal, J.—I have heard the learned counsel for the petitioners and have perused the impugned order. I, however, do not find any infirmity or illegality in the well reasoned order passed by the learned trial Court. In the impugned order dated 29.11.1997, it has been stated that the execution petition was filed in the year 1991 and issues were framed on 27.3.1993. Various opportunities were given to file affidavit in support of the rival contentions to the parties but the objector failed to file any affidavit despite having availed several opportunities upto 2.12.1995. It was in these circumstances that the learned trial court dismissed the objections vide order dated 2.12.1995. Even against the order dated 2.12.1995 the application for setting aside the said order was filed after two years i.e. in the year 1997. The learned counsel for the petitioners submits that the counsel of the objector did not inform him and that is why he could not file the affidavit. The objector himself was also required to approach the counsel because the affidavits were required to be filed in the year 1993 and the objector did not take pains even to contact his counsel for a period of four years.

In view of the above discussion, I do not find any merit in this petition and the same is dismissed.