JORHAT MUNICIPAL BOARD Vs. SRIPRAKASH BARUAH

JUDGEMENT

(1.) CHALLENGING the jurisdictional authority of learned Civil Judge (Senior Division), Jorhat, in passing the impugned order dated 2. 8. 2007, the present revision petition has been filed.

(2.) I have heard Mr. Y. Doloi, learned counsel for the petitioner and also Mr. A. Thakur, learned counsel for the respondent/decree holder.

(3.) THE petitioner/judgment debtor suffered a decree of Rs. 14,53,053. 90 passed in Money Suit No. 35/2004 by the learned Civil Judge, Jorhat. The said money decree having not been satisfied by the Judgment Debtor was put into execution wherein Money Executing Case No. 12/2007 was registered in the file of the learned Civil Judge, Jorhat. On 24. 8. 2007 when the matter was fixed for order, the petitioner/judgment Debtor filed an application praying for 3 (three) weeks time for settlement of the matter amicably outside the Court. On the same day another application was also filed by the Decree holder praying for attachment of the S. B. account of the Judgment Debtor standing with the Central Bank of India, Jorhat Branch, S. B. Account No. 9269 with a prayer for direction to deposit the decreetal amount from the said account in the Court for onward remittance to the Decree Holder. On the same day, the learned Ext. Court while rejecting the prayer of the Judgment debtor, allowed the prayer for attachment made by the Decree Holder and attached the aforesaid Bank Account and further directed to pay the decreetal amount to the Decree Holder and report with compliance, fixed the matter on 31. 8. 2007.