VIJAY KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 25.6.1999 passed by the learned Senior Sub Judge, Hamirpur in Execution Petition No. 33/1994 titled Punjab National Bank v. Soni Steel Metal Industries and Ors. whereby the Petitioner/JD has been ordered to be detained in civil prison for non-payment of the decretal amount after rejecting the application moved by him for vacating the ex-parte order dated 18.1.1999.

(2.) The material facts relevant for determination of the present controversy are that the Respondent/DH Punjab National Bank filed an application for execution of decree dated 5.9.1993 the Petitioner-JD and Respondents-JDs for realising the decretal amount of Rs. 1,30,096. A perusal of the record reveals that some movable properties of the JDs have been attached. On 18.1.1999 the learned Senior Sub Judge proceeded to pass the following order:

(3.) On 6.4.1999 Petitioner/JD moved an application under Order 21 Rule 106 read with Section 151 Code of Civil Procedure for setting aside the ex-parte order of detention of the Petitioner-JD in civil prison. The said application however was dismissed by the learned Senior Sub Judge by the impugned order with the observations that the Petitioner-JD is a principal debtor who has failed to pay the amount of decree passed against him and who is also evading his arrest and that there was no force in his application. Hence, the present revision petition.