IMAMUDDIN Vs. JAGDISH PRASAD

JUDGEMENT

(1.) Despite service of notice, none has appeared on behalf of the respondent-decree holder. Considering the nature of the controversy involved and the fact that the matter pertains to execution proceedings, this Court proceeds to decide the revision petition after hearing learned counsel for the petitioner and examining the record.

(2.) The present Civil Revision Petition under Sec. 115 CPC has been preferred against the order dtd. 2/11/2015 passed by the learned Additional Senior Civil Judge No.2, Bhilwara, in Civil Misc. Case No.36/2013, whereby the application filed by the petitioner under Order XXI Rule 2(2) read with Sec. 47 CPC seeking certification of satisfaction of decree was dismissed.

(3.) The respondent-decree holder instituted a suit for recovery of Rs.30,000.00 as principal and Rs.16,200.00 as interest, based on a promissory note, before the Civil Judge (Senior Division), Bhilwara on 8/3/2001. The petitioner-judgment debtor was served, entered appearance through counsel, but on 23/11/2001 no instructions were furnished. Consequently, the suit proceeded ex parte and came to be decreed on 22/3/2002.