DEEP CHAND Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This revision petition has been filed against the order of the learned District Judge, Bhilwara, dated November 16, 1981 passed in Execution Case No. 18/80. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) The decree-holder non-petitioner No. 1 obtained a decree against the judgment-debtor non-petitioner Leela Dhar as principal-debtor and judgment-debtor petitioner as his guarantor. An execution application was moved by the decree-holder against both the judgment-debtors. The judgment-debtor petitioner Deep Chand raised an objection that only after exhausting all remedies available against the person and properties of judgment-debtor Leela Dhar, coercive steps for the recovery of the decretal amount can be taken against him and not otherwise. The learned District Judge repelled the objection and passed order for the issue of warrant under Order 21, Rule 30, Civil Procedure Code, against the judgment-debtor petitioner Deep Chand which had been challenged in this revision petition.

(3.) The learned counsel for the petitioner Deep Chand contends that as per term No. 4 of the decree under execution, execution can be levied against the judgment-debtor petitioner Deep Chand only after the decree-holder fails to realise the decretal amount by the sale of the car and from the person and properties of the judgment-debtor Leela Dhar. He further contends that three properties of the judgment-debtor Leela Dhar have been attached. Objection petitions under Order 21, Rule 58, Civil Procedure Code, were filed against the two properties, they have been decided against the objector and these properties have been held to be belonging to the judgment-debtor Leela Dhar and the decretal amount can well be realised by auctioning these properties.