RANBIR SINGH Vs. INDERJIT KAUR AND OTHERS

JUDGEMENT

(1.) The defendant- petitioner had filed a suit for rendition of accounts pertaining to the assets of firm Ms Hind Furniture, Anant Market, Civil Lines, Jagadhri and for permanent injunction restraining the defendant- respondents from alienating the property of the firm besides seeking appointment of receiver. During the pendency of the suit, the defendant/ petitioner Ranbir Singh made the following statement before the trial Judge on September 12, 2008:-

(2.) On the basis of the order passed on September 12, 2008, the plaintiff- respondents filed an application for execution under Order 21 Rule 11 CPC claiming that the defendant- petitioner judgment debtor had intentionally and willfully not paid a sum of Rs.1.32 lacs alongwith interest at the rate of 6% from September 12, 2010 till realization, as per order dated September 12, 2008.

(3.) Vide impugned order dated September 2, 2011, the Executing Court had issued warrants of recovery by attachment of property of defendant judgment debtor/ petitioner by dismissing his objections that no decree had been passed in the civil suit and that there had not been any adjudication regarding the recovery of the amount.