LAWS(P&H)-1990-5-62

COL AJAIB SINGH Vs. PUNJAB NATIONAL BANK

Decided On May 29, 1990
COL AJAIB SINGH Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) THIS revision petition has been filed primarily against the issuance of a warrant of arrest in execution. The petitioner happens to be a guarantor of the main judgment-debtors Nos. 1 and 2 against whom a decree for a sum of approximately Rs. 3,00,000 was passed. The petitioner has filed objections before the executing court which were pending decision when the warrant of arrest was issued by the executing court on September 10, 1987. In the objection petition, as the reading of the grounds of revision makes it clear, the following objections have been taken : "1. That the applicant was a guarantor in the above-mentioned case and a decree was passed against all the defendants.

(2.) THAT although judgment-debtors Nos. 1 and 2 have movable and immovable property which can satisfy the claim of the decree-holder, yet the execution proceedings have been filed against the applicant.

(3.) THAT it has come to the knowledge of the applicant/judgment-debtor that the decree-holder has applied for attachment of the residential house of the applicant/judgment-debtor.