PRAVIN KUMAR SARIA Vs. KALPANA MAZUMDAR

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed for quashing the order dated 26.7.2008 passed by the Additional District Judge (Fast Track Court) IV, Dhanbad in Execution Case No. 4 of 2006, allowing the petition dated 23.11.2007 filed by the respondent for attachment of the property of the petitioner.

(2.) Mr. M.K. Laik, learned senior counsel appearing for the petitioner, submitted that in the main suit-Title (MV) Suit No. 114 of 2002, the petitioner was debarred from filing the written statement and thereafter ex parte judgment was passed and then the said execution case has been filed, in which the petitioner filed show cause; but without considering the same, the impugned order of attachment has been passed. He further submitted that in the show cause, it was said that before the alleged accident took place, the vehicle in question was sold to one Mr. Sandeep Kumar Agrawal and possession of the vehicle was handed over to him; but due to unavoidable circumstances, the written statement could not be filed in the suit.

(3.) Admittedly the petitioner was debarred from filing the written statement but he did not challenge such order. Now he cannot delay the execution case raising his purported defence which he could raise and prove in the main suit relating to Motor Vehicle Accident claim.