@JUDGMENTTAG-ORDER
R.K. Merathia, J.@mdashThis writ petition has been filed against the order dated 2.9.2009 passed by learned Sub-Judge-I, Ranchi in Execution Case No. 9 of 2000, rejecting the petition filed by the Petitioner on 15.12.2008.
2. It is submitted by Mr. Sahani, appearing for the judgment debtor/Petitioner that the objections raised on behalf of the Petitioner were not properly considered by the learned Court below.
3. It appears that a preliminary decree was passed against the Petitioner in the money suit filed by the Respondent-Bank as far back as in the year 1993. On the request of the decree holder, the decree was corrected against which Petitioner preferred civil revision being Civil Revision No. 122 of 1995 (R) which was dismissed as withdrawn on 29.11.2005 after some argument in view of the observations given by the trial Court in the order impugned in the case dated 13.1.1995 that the Defendant will be at liberty to raise the points taken in the petition dated 16.6.1994 in the appeal, if preferred against the final decree.
4. It appears that thereafter Petitioner filed objections in the said execution case.
5. After hearing the parties and considering the respective cases and materials, the learned Court below has rejected the objection petition filed on behalf of the judgment debtor/Petitioner holding, inter alia, that the judgment debtor has made general averments that the execution case is not legally maintainable and not executable, but has not spelt out in what manner the execution case is not legally maintainable and what are the deficiency in the execution petition. It has been further observed that the executing Court cannot go behind the decree.
In my opinion, no grounds are made out for interference with the impugned order in exercise of power conferred under Article 227 of the Constitution of India. Accordingly this writ petition is dismissed. However, no costs.
