Punjab-Haryana High Court
Paramjit Singh vs Nachattar Kaur And Others on 3 February, 2010
Civil Revison No.5906 of 2006 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revison No.5906 of 2006
Date of decision:03.02.2010.
Paramjit Singh ...Petitioner
Versus
Nachattar Kaur and others ...Respondents
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Ms. Gaganjeet Kaur, Advocate, for the petitioner.
Mr. G.N.Malik, Advocate, for the respondents.
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S.D.ANAND, J.
The grievance of the petitioner herein is that the issues framed by the learned Executing Court on 30.05.2006 do not arise out of the pleadings.
The learned counsel, appearing on behalf of the petitioner herein, has not been able to invite my attention to any fact which could be supportive of the grievance aforementioned. Even otherwise, if an issue comes to be erroneously framed without there being any plea relatable thereto, the learned Executing Court shall obviously not be able to record a finding thereupon. By the very nature of things, the findings have to be based upon the pleas on behalf of the parties.
In the light of foregoing discussion, the petition, being without any merit, is ordered to be dismissed. The parties, through their learned counsel, are directed to appear before the learned Trial Court on Civil Revison No.5906 of 2006 -2- 15.02.2010. In view of the fact that the execution has been pending since the year 2005, it is directed that the learned Trial Court shall dispose it of within six months from the date aforementioned by according it priority over the other pending files.
The acknowledgment (of copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned District Judge shall himself maintain a tab to ensure that the case is disposed of by aforementioned date.
February 03, 2010 (S.D.ANAND) vinod* JUDGE