PUNIT DEPARTMENTAL STORE Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The prayer in the present Civil Revision Petition filed under Article 227 of the Constitution of India is for setting aside the impugned orders dtd. 8/12/2025, 22/12/2025, 8/1/2026, 22/1/2026, 2/2/2026, 7/2/2026, 5/3/2026 and 16/3/2026 [Annexure P-4 (colly.)] passed by the learned Additional Civil Judge (Senior Division), Palwal, whereby the learned Executing Court has issued conditional warrants of arrest against petitioner No. 2-Judgment Debtor (JD).

(2.) Brief facts of the case are that the respondent-plaintiff had filed a suit under Order XXXIV Rules 5 and 6 of the Code of Civil Procedure, 1908 (for short, 'the CPC') before the learned Additional Civil Judge (Senior Division), Palwal, against the present petitioners for recovery of '10,13,254.40/- along with interest from 1/2/2003. Notice was issued in the suit, pursuant to which defendant No. 2-Gajender Singh (petitioner No. 2 herein) appeared and sought adjournment for filing of a written statement; however, thereafter, he failed to appear and was proceeded against ex parte vide order dtd. 21/8/2023. The respondent-plaintiff led its ex parte evidence before the learned trial Court and, thereafter, the suit was decreed in favour of the respondent vide judgment and decree dtd. 17/5/2024 (Annexure P-1) passed by the learned Additional Civil Judge (Senior Division), Palwal.

(3.) Learned counsel for the petitioners submits that petitioner No. 2-Gajender Singh is a poor person and is unable to pay the entire decretal amount in lump sum.