SANJAY KUMAR Vs. RAGHUNANDAN BHAGAT

JUDGEMENT

(1.) HEARD learned senior counsel for the petitioner and learned counsel for the respondent. The petitioner is aggrieved by the order dated 27.9.2012 passed by learned Civil Judge -1st, Senior Division, Madhepura in Title Execution Case No. 9/2009 whereby the executing court rejected the petition filed by the petitioner on 13.9.2012 enabling him to file a show cause as required under Order 21 Rule 22 of the Code of Civil Procedure (in short "the Code").

(2.) LEARNED senior counsel for the petitioner has questioned the legality of the impugned order on the ground that it was mandatory for the court below to have ensured service of notice upon the petitioner/judgment -debtor under Clause 1 of Order 21 Rule 22 of the Code in view of the fact that the execution case was filed two years after the so -called compromise decree. It has been submitted that the court below was not justified in rejecting the petitioner's prayer for filing a detailed show cause as contemplated under Order 21 Rule 22 of the Code.

(3.) LEARNED counsel for the respondents, however, firstly submits that the court below rightly rejected the petition dated 13.9.2012 as in fact the petitioner had been participating in the execution proceeding right from the beginning and he had ample opportunity to raise objection and file show cause, if any. He submits that even if it is presumed that no notice was served upon him, no prejudice could be said to have been caused to him as he participated in the execution proceeding. He has placed reliance on Order 21 Rule 22 of the Code with amendments applicable for Patna which reads thus: - -