// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5153/2005 Mst. Shanti Devi W/o Ramji Lal Versus Additional District Judge, Behrod, Camp Bansur, District Alwar & Others Date of Order ::: 14.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rinesh Gupta, Counsel for petitioner None present for respondents #### By the Court:- Case called. No one is present on behalf of the respondent. Admit. Heard learned counsel for the petitioner. Plaintiff-decree-holder filed an application for execution of the decree in a suit for recovery of a sum of Rs.2000/-. The judgment-debtor-petitioner appeared but no reply was filed. The decretal amount was not paid, therefore, attachment warrant was issued by the trial court. The judgment-debtor filed an application for setting-aside the said order, but the said application was rejected by the Executing Court. Being aggrieved with the same, an appeal was preferred but the appellate court dismissed the appeal of the petitioner vide // 2 // order dated 12th May, 2005. Both the aforesaid orders have been challenged by the judgment- debtor in this writ petition. The learned counsel for the petitioner contended that the petitioner is a poor lady and she had handed over her 'vakalatnama' to her Advocate, who did not appear in the Court resulting in passing of the impugned order, therefore, the said order passed ex-parte ought to have been set-aside. I have considered the submissions of learned counsel for the petitioner and also the reasons assigned by both the courts below and, after considering the same, I find that the money-decree was passed way back on 16th August, 1991 and the same has not been executed so far. The trial court committed no illegality in passing the order of attachment of property of the judgment-debtor. The appellate court has also examined the matter in detail. I do not find any illegality, perversity or jurisdictional error in the orders passed by both the courts below so as to interfere with the same. The writ petition is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//