LAWS(ALL)-2014-10-125

SHAKEEL AHMAD @ MUNNA Vs. MANORANJAN AGRAWAL

Decided On October 30, 2014
Shakeel Ahmad @ Munna Appellant
V/S
Manoranjan Agrawal Respondents

JUDGEMENT

(1.) Heard Sri Siddharth Nandan, learned counsel for the petitioner.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) Thereafter Execution Case No. 93 of 2014 was filed and it is thereafter the petitioner came to know about the ex parte decree, on 10.9.2014 and immediately thereafter, he has filed an application under Section 17 read with under Order IX, Rule 13 of Code of Civil Procedure for setting aside the ex parte decree. Alongwith the application, the petitioner has also filed an application praying the Court to permit him to furnish security stating therein that the applicant has no cash in hand for satisfying the decree as his only source of earning is repairing of the scooter being mechanic, therefore he may be permitted to furnish security of Rs. 1,0,5000/-. The learned Judge, without adverting to the facts as stated in paragraphs 3 and 4 of the application, has passed the impugned order.