JUDGMENT :

SANJEEV SACHDEVA, J.

CM APPL. 40156/2018 (Exemption)

Exemption is allowed, subject to all just exceptions.

CM(M) 1173/2018

1. Petitioner impugns order dated 13.09.2018, whereby the Executing Court has treated an application filed by the respondent under Section 152 Civil Procedure Code (CPC for short) as an application under Order 6 Rule 17 CPC and permitted amendment of the memo of parties of the original Suit and also issued fresh warrants of attachment as per the amended memo of parties.

2. Subject Suit was filed by the respondent for recovery against the defendant, named as Smt. Mona Kwatra wife of late Sh. Ramesh Kwatra proprietor of M/s Ramesh Trading Co. at 11, Narain Market Sadar Bazar, Delhi - 110006.

3. Since, as per the Trial Court, none appeared after the service of summons, defendant was proceeded ex parte and ex parte decree was passed on 07.04.2017.

4. Subject Execution Petition was filed by the respondent/decree holder against the defendant in the Suit i.e. Smt. Mona Kwatra. Warrants of attachments were issued for attachment of the assets of Smt. Mona Kwatra wife of late Sh. Ramesh Kwatra.

5. Objections were filed by the petitioner contending that petitioner is na