MAHABIR PARSHAD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This revision is directed against the order dated 29.10.1994 of the executing Court whereby petitioner-judgment debtor No. 2 who was present in Court was ordered to be taken into custody.

(2.) Grievance of the petitioner is that without affording any opportunity of hearing to him, he was ordered to be detained. According to the learned counsel, the petitioner who happened to be present in Court was even not served for that date. In the situation, the petitioner could not be ordered to be detained for obstructing the execution of the decree. Learned counsel further submitted that if an opportunity had been afforded to the petitioner, he would have shown that he was not liable to be detained in civil prison. This petition came up for motion hearing on 10.11.1994 when notice was issued for final disposal for 10.1.1995. It was also ordered that the petitioner be released forthwith by the jail authorities.

(3.) In view of the order dated 10.11.1994 of this Court the petitioner is now in custody. The decree holder has taken out execution which is pending before the executing Court. Learned counsel for the petitioner has taken a specific stand that the petitioner will file reply to the application within two weeks from today. In that view of the matter, the petitioner may now file reply to the misc. application filed by the bank in the executing Court on or before 12.1.1998 for which date the petitioner through his counsel is directed to appear in the executing Court. The executing Court shall thereafter dispose of the application in accordance with law. In case the reply is not filed on or before the date fixed, the executing Court shall consider the application moved by the decree holder and dispose of the same in accordance with law without any further opportunity to the petitioner for filing the reply. Revision Petition is disposed of accordingly.