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High Court of Himachal Pradesh · body

2025 DAILYLAW 15040 (HP)

NIRMAL CHAND RANA v. M/S AJAY KUMAR AND COMPANY

CR/138/2022 · 2025-09-16

Bipin Chander Negi

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Revision No.138 of 2022 Decided on: 16.09.2025 ____________________________________________________ Nirmal Chand Rana ……….. petitioner Versus M/s Ajay Sharma & Company ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta. For the respondent : Mr. Ashwani K. Sharma, Advocate. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petition has been preferred against the order dated 6.8.2022 passed by the Court of Senior Civil Judge, Court No.1, Hamirpur, H.P., whereby an objections filed in an execution petition by the present petitioner/judgment debtor has been dismissed. 2. Heard counsel for the parties. Perused the impugned order. 3. The judgment and decree in the case at hand sought to be executed was a judgment dated 21.1.2014 passed by the learned Civil Judge, Senior Division, Court No-I, Hamirpur in Civil Suit No. 91 of 2007, which had been affirmed by the District Judge, Hamirpur in Civil Appeal No. 23/14 dated 20th June, 2016. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 4. At the very outset, it would be appropriate to mention that against the aforesaid judgments, there was a Regular Second Appeal bearing RSA No. 475 of 2016 pending consideration before a Coordinate Bench of this Court. The Regular Second Appeal preferred by the present petitioner/judgment debtor was decided vide judgment dated 21.8.2025 whereby the judgment and decree dated 20.6.2016 passed by the learned District Judge, Hamirpur in Civil Appeal No. 23/14 affirming the judgment and decree dated 21.1.2014 passed by the learned Civil Judge, Senior Division, Court No-1, Hamirpur in Civil Suit No. 91 of 2007 had been set aside. 5. The matter has now been remanded to the trial Court for framing of an issue on the basis of objections raised by the present petitioner as to the maintainability of the suit for non- compliance of Section 69 (2) (Indian Partnership Act, 1932) and to decide the suit afresh. 5. In view thereof, the impugned order dated 6.8.2022 is quashed and set aside as the judgment sought to be executed is no longer in existence. The present petition is disposed of in the aforesaid terms, so also, the pending miscellaneous applications if any. (Bipin Chander Negi) Judge 16th September, 2025 tarun