JASBIR SINGH Vs. SYNDICATE BANK

JUDGEMENT

(1.) JASBIR Singh petitioner herein is one of the Judgment debtors. A suit was filed in the year 1983 by Syndicate Bank respondent No. 1 against him and three principal loanees namely Sham Sunder, Panna Lal and Partap Singh respondent Nos. 2 to 4. It was decreed in March 1984. Thereafter execution proceedings were filed before the concerned court. The petitioner who is JD No. 4 in the executing court filed an objection petition in July, 2002 alleging that no notice of the suit was served upon him and that the bank (decree holder) has obtained the decree on the basis of the false report of the Process Server Agency and as such got an ex parte decree against him. It ws further asserted by the petitioner that he had neither signed any document of the bank nor he had ever stood surety/guarantor for Sham Sunder, Panna Lal and Partap Singh as he did not know them earlier. It was then asserted that the bank had prepared false documents on their own and played a fraud with him.

(2.) THE objection petition was opposed by decree holder Bank on the ground that the objection petition is barred by limitation and that even otherwise the petitioner had intentionally not appeared despite service and for that reason an ex parte decree was passed. It was further averred by the Bank that the present petitioner was well aware of the passing of the ex parte decree against him and even about the execution proceedings and he has now moved this objection petition for the purpose of delaying the execution proceedings because an order of his civil imprisonment by way of arrest has been passed by the court.

(3.) I have heard Ms. Jyoti Sareen, learned counsel for the petitioner at length. The impugned order has also been perused by me. Other documents attached with the petition have also been noticed by me.