AMRIK SINGH LYALLPURI PETITIONER Vs. STATE

JUDGEMENT

(1.) THE petitioner instituted Suit No. 124/1990 dated 02. 04. 1990 before the Court of Learned Civil Judge for recovery of Rs. 7392/-against the respondents. The said suit was decreed ex-parte by Civil judge vide judgment/ decree dated 17. 09. 1991. Since no appeal was filed the decree attained finality and therefore the petitioner filed an execution petition bearing No. 281/2002 for execution of the decree.

(2.) FOR the purpose of executing the decree, the petitioner is stated to have gone to the house of the judgment debtor as per the report dated 15. 2. 2005 submitted by the baliff which shows that the decree could not be executed because the judgment debtor was not in his house and the house was locked. It is a matter of record that even earlier orders were passed by the Civil Judge issuing warrants of attachment for the execution of the decree by breaking open the locks by Police aid but those orders were not complied with as the Police was not available. It was in these circumstances on the application of the petitioner fresh orders were passed for attachment on 28. 01. 2005 and the date of visit at the premises of the judgment debtor was fixed as 14. 02. 2005.

(3.) IN respect of the execution of warrants for 14. 02. 2005, it was reported that the premises of the judgment debtor was locked and he was out of station and would be coming back after a week. It is thereafter the petitioner moved an application for Police help and breaking open the locks of the premises belonging to the judgment debtor on 10. 03. 2005. The said application for the sake of reference is reproduced hereunder: application by and behalf of decree holder for grant of police aid and broken of locks, doors, hinges etc. U/s 151 CPC. Showth. i. That in the above noted execution case, the decree holder as per the order of this Hon'ble Court along with bailiff of the court went to the j. D. site to execute the decree at property No. 1408 Jhajhar Wala Mandir 1st floor Near Central Bank of India Chandani Chowk Delhi on 8. 9. 95 and the office of J. D. is found locked but fan and light is on inside the office and after waiting sometime the applicant/d. H. his witness Bailiff of the court return back without any attachment due to locked premises. ii. That without the permission of this Hon'ble Court the locks hinges could not be broken. In view of the above said circumstances, it is prayed that police aid/both sex may kindly be granted to execute the warrant of attachment with the direction to break open the locks Hinges and doors etc. to execute the decree because at the time of break open the locks etc. there shall apprehension of breach of peace. Prayed accordingly, decree Holder