- (1.) Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 14.08.2013 [Annexure P/7] passed by Additional Civil Judge [Senior Division], Phul whereby objections filed by the petitioner Judgment Debtor under Order 21 Rule 37 CPC were dismissed and prayer for recalling of conditional warrants, was declined.
(2.) Learned counsel for the petitioner mainly submitted that the Executing Court has failed to consider the mandatory provisions of proviso to Section 51 and Rules 37 to 40 of Order XXI CPC. More so, neither any enquiry was conducted nor opportunity of leading evidence was given by the Court below. The Executing Court has also ignored the view taken by Hon'ble Supreme Court in Jolly George Varghese and another Vs. The Bank of Cochin, 1980 AIR(SC) 470, wherein the Hon'ble Apex Court observed that no person shall be deprived of his life and liberty except according to the procedure established by law. Therefore, the impugned order is vague. The Judgment Debtor does not own any property and he is unemployed. His services were terminated. More so, he is not absconding from the jurisdiction of the Court. His application to file appeal as an indigent person was accepted by Additional District Judge, Bhatinda vide order dated 8.5.2012 [Annexure P/3], but the Court below has completely ignored all these facts while passing the order under challenge.
(3.) Learned counsel for the respondents submitted that the present petitioner was proceeded against ex parte and he is not satisfying the decree. Public money is to be recovered from the present petitioner and he is willfully avoiding the payment and execution proceedings remained pending for a period of about four years. There is no illegality in the impugned order and the revision petition be dismissed.;