JITENDER BHATIA Vs. BIMLA AHUJA

JUDGEMENT

(1.) The present civil revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dtd. 31/5/2023 passed by the learned Additional District Judge, Faridabad whereby the appeal preferred by the petitioner against the order of the Executing Court was dismissed and the order directing the petitioner, as surety, to comply with the security furnished by him was affirmed.

(2.) The respondent is present through counsel as caveator. Learned counsel for the petitioner and learned counsel for the caveator-respondent have been heard at length and the record has been carefully perused.

(3.) The facts, which are not in dispute, are that during the pendency of the civil suit filed by the decree-holder, an application under Order 38 Rule 5 CPC was moved. While disposing of the said application, the Trial Court, instead of ordering attachment of the property of the defendant, directed the defendant to furnish security to the satisfaction of the Court. In compliance thereof, the present petitioner voluntarily furnished a security/surety bond undertaking to secure the amount mentioned therein. Subsequently, the suit was decreed. Thereafter, execution proceedings were initiated by the decree-holder, wherein the Executing Court directed the petitioner, being the surety, to comply with the obligation arising from the security bond.