JASPAL SINGH Vs. ALLAHABAD BANK

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 28.05.2018 passed by the Civil Judge (Sr. Divn.) Fazilka vide which the application filed by the respondent- decree holder under Order 21 Rule 37 CPC was allowed and conditional warrant of arrest of the petitioner/judgment debtor was issued in terms of Order 21 Rule 37 CPC.

(2.) Respondent Bank is a nationalized Bank and is a secured creditor in the present case. Suit of the plaintiff/respondent was decreed for Rs.3,31,001/- against the defendant/judgment-debtor along with interest @ 12.75% per annum with yearly rests till the passing of final decree and thereafter at the same rate till the actual realization of the decretal amount.

(3.) Execution petition was filed in which mode of execution was suggested by way of issuance of warrants for attachment and sale of moveable and immovable property including mortgaged property i.e. land of judgment debtor or by way of arrest of the judgment debtor under Order 21 Rule 37 CPC. After calculating the principal decretal amount, interest @ 12.75% and costs of litigation, total amount recoverable was found to be Rs.5,91,787/- for which execution was filed by the plaintiff/decree holder.