JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. K. Agarwal, learned Senior counsel assisted by Mr. N. Deka, learned counsel for the petitioners. Also heard Mr. P.J. Saikia learned counsel for the respondent.

2. In this revision petition order dated 31.7.2012 passed by the learned Civil Judge, Dibrugarh in Misc. (J) Case No. 1/2012 arising out of Money Execution Case No. 2/2007 is under challenge. The respondent as the plaintiff filed Money Suit No. 58/2003 in the court of the then Civil Judge (Senior Division) at Tinsukia against the petitioners as defendants for recovery of Rs. 1,45,019.00, further interest on the decreetal amount @ 24% per annum from 21.9.2003 till recovery alongwith cost. The summons were duly served on the defendants petitioners but as they failed to appear and contest, the suit was decreed ex-parte. The said decree was put to execution which was transferred to the court of learned Civil Judge, Dibrugarh for execution as the defendants petitioners are carrying on business within the jurisdiction of the court under Dibrugarh district.

3. The execution proceeding was initiated by the decree holder respondent upon which Money Execution Case No. 2/2007 was registered i