MAJOR SINGH Vs. MURLI TRADING COMPANY

JUDGEMENT

(1.) This Revision Petition has been preferred invoking jurisdiction under Article 227 of the Constitution of India, aggrieved against the order 17/11/2022 (Annexure P-8) passed by the Executing Court whereby it ordered issuance of warrants of arrest of the petitioners (JDs), for their failure to put in appearance despite being served notice of the application under Order 21 Rule 37 of Code of Civil Procedure, 1908 (for short 'the CPC').

(2.) At the very outset, learned counsel on instructions, submits that the petitioners seek indulgence of this Court for grant of an opportunity to put in appearance before the proceedings pending before the Executing Court and also to take appropriate steps for setting aside of the exparte decree, as may be permissible in law. It is further submitted that the petitioners have not intentionally avoided submitting to the jurisdiction of the Court, but it was only on account of not having been served in the due manner prescribed by law. The petitioners had no notice of the said proceedings and as such did not come to know of pendency of the proceedings before the trial Court or before the Executing Court.

(3.) A perusal of the case file shows that M/s Murli Trading Company (plaintiff-respondent) had filed a suit for recovery of Rs.84,800.00 (Rs.71,865.00as principal amount and Rs.12,935.00 as interest at the rate of 1% per month calculated for the period 28/9/2016 to 19/3/2018) on the basis of account books maintained by the plaintiff. In the said proceedings, the defendants (petitioners herein) were proceeded exparte vide order dtd. 4/9/2018 (Annexure P-1). Accordingly, in the said proceedings an exparte decree was passed on 11/12/2018. In execution of the said decree for a sum of Rs.1,04,100.00, the Executing Court issued notice to the petitioners on an application filed under Order 21 Rule 37 CPC, seeking the judgment debtors to be detained in civil imprisonment.