M.M. Kumar, J.:-This petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity ‘the Code’) is directed against order dated 15.3.2004 passed by the Executing Court dismissing the application filed by the judgement debtor- petitioner ( for brevity ‘the JD- petitioner’) under Order 21 Rules 1 and 2 read with Section 151 of the Code. The Executing Court has recorded the finding that the objection filed by the JD- petitioner lacks substance and has dismissed the same.

2. Brief facts of the case which are necessary for the disposal of the controversy raised are that the decree holder- respondent, Central Bank of India (for brevity ‘the DH- Bank’) filed a civil suit bearing No.470 on 22.8.1989 against the JD petitioner. The suit was decreed on 21.2.1997 against the JD- petitioner with costs. A decree for a sum of Rs.301894.01 was passed by the Civil Judge (Sr. Division), Amloh alongwith interest @ 15 percent p.a. with quarterly rest from the date of filing the suit till its realisation. On appeal filed by the JD petitioner the ld. Additional District Judge upheld the decree by affirming the findings recorded by the trial Court. However, in the concluding