STATE BANK OF INDIA Vs. M K RAVEENDRAN

JUDGEMENT

(1.) The Writ Petition is filed seeking mainly the following reliefs: 1. To call for the records leading to Exts.P4 and P5 and set aside the same.

(2.) To declare that the respondent is liable to disclose his assets in the execution petition filed against him in a petition filed under Order 21 Rule 41(2) and face the examination. Petitioner is the decree holder. The decree executed in the suit is for money, and the respondent is the judgment debtor. In the execution proceedings initiated by the decree holder for realisation of the decree debt personal execution against the judgment debtor by his arrest and detention was applied for.

(3.) Notice was ordered to the respondent. Though served, respondent/judgment debtor has not entered appearance. The impugned orders challenged in the writ petition passed by the learned Munsiff holding that proceedings for oral examination of the judgment debtor and also for directing the judgment debtor to file an affidavit regarding his assets can be proceeded only where the execution petition is filed for attachment and sale are not correct.