NIZAR Vs. M/S.INDUS BANK LIMITED

JUDGEMENT

(1.) The respondent bank which has obtained an award for money initiated proceedings under Order 21 C.P.C against the petitioner-debtor to realise the amount. The learned District Judge issued him a notice under Order 21, Rule 37 C.P.C. He did not appear. The court set him ex parte and ordered that he be arrested and produced before it. The petitioner filed Ext P5 application to set aside the ex parte order, Ext P3 application to condone the delay in filing it and Ext P2 objection to the notice issued under Rule 37 contending that he has no means to pay the decree debt. The learned District Judge held that Section 5 of the Limitation Act is not applicable to execution proceedings and accordingly by Exts P8 and P9 orders the he dismissed both applications. This is challenged.

(2.) Heard.

(3.) If a judgment debtor fails to appear in person or through counsel in response to the notice issued under Order 21, Rule 37 C.P.C, he cannot be set ex parte. No such procedure is contemplated by C.P.C.