DEV KUMAR SAINI Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged order dtd. 22/7/2022, passed by the Court of learned District Mandi, H.P., in Review Petition No.01 of 2020, titled as State Bank of Patiala vs. Dev Kumar and Ors., in terms whereof, the order passed by the said Court on 24/9/2020, in an appeal filed by the present appellant under Sec. 104(1)(h) against an order passed by the learned executing Court ordering the arrest of the petitioner was recalled and reviewed.

(2.) Brief facts necessary for the adjudication of the appeal are that respondent/decree holder had filed a suit for recovery against the petitioner/judgment debtor, which was decreed for an amount of Rs.8,81,000.00 alongwith interest. For the execution of the said decree, the decree holder preferred an Execution Petition. In the course of adjudication of this Execution Petition learned Executing Court on 30/9/2019, issued warrant of arrest against the judgment debtor. Feeling aggrieved, the judgment debtor preferred an appeal under Order 43 Rule 1 of the Civil Procedure Code, which was allowed by the learned Appellate Court in terms of order dtd. 24/9/2020. A review was sought of the order so passed by the Appellate Authority by the decree holder vide Review Petition No.01 of 2020, which review has been allowed in terms of the impugned order.

(3.) Having heard learned counsel for the parties and having gone through the impugned order as well as the record of the case, this Court does not finds any infirmity in the order passed by the learned Appellate Court dtd. 22/7/2022, in terms whereof, the earlier order passed by it on 24/9/2020 was reviewed.