In this revision against an execution warrant issued for evading a decree, the High Court of Jharkhand held the petition barred by limitation and dismissed the tacit application for condonation of delay.
Civil revision and application for condonation of delay dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.R. No. 75 of 2018 with I.A. No. 11121 of 2018
Ramesh Kumar Singh ..... … Petitioner
Versus
Raj Ratan Kshetriya ...…. … Opposite Party --------
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioner : Mr. Jitesh Kumar, Advocate. For the Opposite Party : Mr. R.C.P. Sah, Advocate. --------
05/ 02.05.2019 Heard learned counsels for both the parties.
This application has been filed against the order 19.7.2018, passed by the learned Civil Judge (Sr. Div)-II, Seraikella, in Execution Case No. 1 of 2013, whereby, civil warrant has been issued by the Court below, as the judgement debtor-petitioner was evading the decree.
The impugned order shows that twice time was granted by the Court below to the judgment debtor-petitioner, but in spite of that, the judgment debtor-petitioner was evading the compliance of the decree. Compelled thereby, the Court below has issued the civil warrant against the petitioner.
I do not find any illegality in the impugned order, passed by the Court below, worth any interference by this Court in the revisional jurisdiction.
This revision has been filed after the delay of 39 days, for which, I.A. No. 11121 of 2018, has been filed for condonation of such delay.
Since, there is no merit in the revision petition, no useful purpose is going to be served by condoning the delay in filing this revision. As such, the interlocutory application filed for condonation of delay, stands dismissed.
Consequently, the civil revision also dismissed being bereft of any merit, and barred by limitation.
( H. C. Mishra, J.)
Amitesh/-
2 issues framed by the court
Whether the civil revision application against the execution warrant is barred by the statute of limitation.
Whether the condonation of delay for filing the revision is to be allowed in view of its lack of merit.
Ramesh Kumar Singh
Raj Ratan Kshetriya
H. C. Mishra
As recorded by the court registry
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