2020 PLP 937 (YLR)

ALI BAIG, J.

This civil revision petition is directed against the impugned judgment/order dated 13.5.2019, passed by the learned District Judge Gilgit, whereby the learned 1st Appellate Court has directed the petitioner/appellant to deposit decretal amount in the court of District Judge Gilgit till next date of hearing. Brief facts leading to the filing of the instant revision petition are that the present respondents/plaintiffs had filed a suit for recovery of Rs. 94487/- against the present petitioner/defendant in the learned trial court which was decreed by the learned trial court vide judgment/ decree dated 30-9-2016 in favour of the present respondents. The aforesaid judgment/decree of trial court had attained finality, therefore the respondents/decree holders had filed an execution petition in the learned Trial/Executing Court. The present petitioner/judgment debtor filed objection petition in the learned Executing Court. The learned Executing court after hearing arguments on behalf of the both the parties dismissed the objection petition filed by the present petitioner/judgment debtor vide judgment/order dated 15.10.2018. The present petitioner/ judgment debtor had challenged the aforesaid order of the learned Trial/ Executing Court through civil 1st appeal in the court of learned District Judge Gilgit. During pendency of civil 1st appeal, the learned 1st appellate court vide the impugned order dated 13-5-2019 directed the present petitioner/judgment debtor to deposit decretal amount in the 1st appellate court which has been challenged before this court by the present petitioner through the instant revision petition. The learned counsel appearing on behalf of the petitioner contended that the impugned order passed by the learned 1st appellate court is contrary to law and facts on the record of the case as such the impugned order passed by the learned 1st appellate court is not maintainable and liable to be set aside. The learned counsel for the petitioner further argued that the learned 1st appellate court has failed to apply its judicious mind while passing the impugned judgment/order and has illegally and wrongly directed the petitioner to deposit decretal amount in the 1st appellate court. I have heard the learned counsel for the petitioner and perused the record. Under the provisions of Order XXI, Rule 23-A, in the case of a decree for payment of money the judgment debtor is bound either to deposit the decretal amount in the court or furnish security for its payment otherwise an objection by the judgment debtor shall not be considered. The judgment debtor has failed to deposit decretal amount in the Executing court, therefore the learned 1st appellate court has rightly directed the petitioner to deposit decretal amount and no exception can be taken to it. However, the petitioner is allowed either to deposit decretal amount or furnish security in accordance with Order XXI, Rule 23-A, C.P.C. in the 1st appellate court. With the above slight modification in the impugned order dated 13-5-2019, passed by the learned District Judge Gilgit, the same is maintained and this revision petition being bereft of merit is dismissed in limine. ZC/103/GB Revision dismissed.