PARMA NAND Vs. KASTURI LAL & OTHERS

JUDGEMENT

(1.) The petitioner herein suffered a conclusive binding decree for recovery of money, decree whereof stood rendered by the learned Sub Judge 1st Class, Dehra, District Kangra, H.P., in Civil Suit/RBT No. 27/99/91, verdict whereof stood pronounced on 27.12.2000. On rendition of the aforesaid conclusive decree, the plaintiffs/decree holders instituted an application under Order 21, Rule 30 of the Code of Civil Procedure before the learned Executing Court wherein they sought realization of the decretal amount from the Jds, in the manner hereinafter extracted :-

(2.) Notice upon execution petition No. 19 of 2003 stood ordered by the learned Executing Court to be issued upon the JDs. The process server concerned, concerted to personally serve JD Parmanand through ordinary mode. The endorsement made by the process server concerned on the reverse of the apposite summons, discloses qua on his visiting the abode of Parmanand, on 5.9.2003 also his concerting to locate him thereat, whereas his apposite concert(s) proving abortive, thereupon, his delivering a copy of the summons(es) to his daughter Vijeta Kumari, also he echoes therein qua the latter willingly accepting them.

(3.) The execution petition, in the absence of JD Pramanand recording his presence therebefore progressed uptil the stage of the decree holder(s) on 15.2.2005 under an application constituted therebefore under Order 21, Rule 64 of the CPC, motioning it, for sale of the attached property/assets of the Jds, whereon, the learned Executing Court proceeded to record an order for issuance of notice(s) under Order 21, Rule 54 (1-A) of the CPC upon the JDs for hence the terms of sale standing settled, It on 24.3.2005 imputed credence to the sworn affidavit furnished before it by the process server concerned holding, echoings qua his effectuating service of notice(s) aforesaid upon JD Nos. 1,2, 3, 4(d) and 5, whereupon the learned Executing Court, on JD Parmanand besides other JDs omitting to on the date aforesaid record their respective appearance(s) therebefore hence recorded a direction qua theirs standing proceeded against ex-parte. Both the orders of the learned Executing Court respectively recorded on 27.01.2004 and on 24.03.2005 wherein it directed qua JD Parmanand standing proceeded against ex-parte, stood not concerted by him to be set aside nor obviously he thereafter proceeded to participate in the apposite execution petition.