ORIENTAL INSURANCE CO. LTD. Vs. JAI CHAND

JUDGEMENT

(1.) This petition is instituted against the order dated 25.7.2015, rendered by the learned Civil Judge (Sr. Divn.), Sirmaur District at Nahan, H.P. in CMA No. 54-CM/6 of 2014 in CMA No. 21/6 of 2014.

(2.) Key facts, necessary for the adjudication of this petition are that the respondent No.1 (hereinafter referred to as decree holder) instituted Civil Suit No. 13-CS/1 of 2009 against respondent No. 2 (JD) as well as the petitioner (JD), namely, Siri Ram Straw Products Ltd and Vinod Gupta, respectively, for recovery of Rs. 10,80,000.00. The Civil Suit was decreed by the learned District Judge, Sirmaur District at Nahan on 16.7.2010. The defendants-judgment debtors were proceeded ex parte. The decree holder instituted Execution Petition titled as M/S Navkar Poly Plast Company Vs. Siri Ram Straw Products Ltd.. It was sent to the learned District Judge, Gurgaon for execution.

(3.) The petitioner (JD) moved an application for staying the execution petition in the Court of learned Addl. District Judge, Gurgaon on 3.7.2015, wherein he has undertaken to give bank guarantee/FDR of the decreetal amount. The petitioner (JD) also moved an application under Order 9, Rule 13 Civil Procedure Code seeking setting aside of the judgment and decree dated 16.7.2010 before the learned District Judge, Sirmaur District at Nahan. The learned District Judge, Sirmaur District at Nahan vide order dated 26.2.2014 returned the petition to the petitioner (JD) to present the same in the Court of competent jurisdiction. It is, in these circumstances, the application under Order 9, Rule 13 Civil Procedure Code came before the learned Civil Judge (Sr. Divn.), Sirmaur at Nahan. The petitioner filed an application under Order 21 read with Sec. 151 Civil Procedure Code for staying the operation of ex-parte judgment and decree dated 16.7.2010 rendered in Civil Suit No. 13-CS/1 of 2009.