MANAGING COMMITTEE GAUR VIPRA PRIMARY SCHOOL JAIPUR Vs. CIVIL JUDGE JUNIOR DIVISION AND JUDICIAL MAGISTRATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this writ petition, the petitioners have challenged the order dated 16. 01. 2008 (Annexure-7) by which the application submitted by the petitioner judgment-debtor dated 29. 09. 2007 for setting aside the order passed ex-parte on 23. 03. 2006 and 24. 03. 2006 were prayed to be set aside.

(3.) THE learned Executing Court held that the service was affected by substituted service by affixation of the notices on the institution of the judgment-debtor on 25. 02. 2006. Without going into the details or merits as to whether or not the service was sufficient, as held by the learned executing Court, in the interest of justice, I deem just and proper to afford one more opportunity to the judgment-debtor to appear before the learned Executing Court and submit objections, if any to the exeuction application, filed by the nonpetitioner. Accordingly, the writ petition is allowed. The impugned order dated 16. 01. 2008 (Annexure-7) is set aside. The parties are directed to appear before the learned executing Court on 24. 08. 2009.