GHULAM AHMAD WANI Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS revision petition has been preferred against an order passed by learned Additional District Judge (Bank Cases) Jammu. The said order has been passed by the court below in the course of seeking implementation of execution petition pending before the said court.

(2.) BRIEF facts of this case are that a decree was passed by the trial court on 8.4.1996. It was an ex parte decree. An application came to be filed by the present petitioner and other defendants in the year 1997. The ground taken in the application was that they had no knowledge about the pendency of the suit in the court below. It was averred that the defendants were served by publication in Daily Excelsior which had no circulation in village Bharat in District Doda. It was also pleaded that they had no knowledge of English. The said application is pending before the trial court from 1997. The petitioner again failed to appear before the trial court and his application for setting aside the exparte decree was dismissed in default on 27.7.2007.

(3.) AFTER the application for setting aside exparte decree was dismissed on 31.7.2007 the court revived its order for seeking the execution of the decree by attachment of the property on 31.7.2007. This order was reiterated by this Court on 29.8.2007. In the order dated 29.8.2007 the court records that the warrants of attachment issued have been received back unexecuted. It is this order which is subject matter of challenge before this Court.