TULASI YELLAPPA PAWASKAR Vs. DEPARTMENT OF TELECOMMUNICATION

JUDGEMENT

(1.) IN this case, petitioner has called in question the order passed by the Civil Judge (Sr. Dn. ). , Sirsi, dated 6. 4. 2005 in E. P. No. 14/2003 whereby the objections raised by the petitioner for execution of the decree in O. S. No. 136/2001 dated 6. 9. 2002 have been rejected and a direction has been issued by the Executing Court to issue warrant of attachment of movables of the petitioner as prayed for by the respondents.

(2.) THE first respondent had filed a suit against the petitioner in o. S. No. 136/2001 on the file of the Additional Civil Judge (Jr. Dn.), sirsi, for recovery of a sum of Rs. 31,386/- towards telephone charges as per the bills dated 1. 1. 1999 and 1. 3. 1999. The petitioner was placed exparte in the suit. The court below decreed the suit on 6. 9. 2002 for a sum of Rs. 31,386/- with interest at the rate of 15% per annum from the date of the suit till the date of realisation. Since the petitioner did not pay the amount in terms of the aforesaid decree, the first respondent filed Execution Petition for execution of the said decree. The petitioner filed objections before the Executing Court contending that having regard to Section 7-B of the Indian Telegraph act, 1885 ('act' for short), the Court had no jurisdiction to try the suit. Therefore, the decree is not executable. The court below has rejected the said contentions and has directed issue of warrant of attachment of movables of the petitioner/judgment debtor.

(3.) SRI S. G Hegde, learned Counsel appearing for the petitioner contends that the court below was not justified in rejecting the objections filed by the petitioner to the execution of the decree. It is submitted that the decree was not a valid decree. It is a nullity in the eye of law. It is further submitted that though the petitioner has not challenged the judgment and decree, the objection with regard to nullity of a decree can be raised in the Executing Court and the Execution court is duty bound to consider the objection. In this connection, reliance is placed on the following decisions: