HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S .B.: Hon'ble Shri Justice Subodh Abhyankar Miscellaneous Petition No.1318 of 2021 Ashok S/o Nemichand Patni Versus Smt. Gyan W/o Late Dr. Indra Bhargav (Case was heard on 16/06/2021)

Counsel for the : Shri Yogesh Mittal, Counsel for the petitioner.

petitioner Whether approved : Yes for reporting Law laid down :

Compliance of under Order 21 Rule 34 of CPC.

8. ...............So far as the compliance of Order 21 Rule 34 of CPC is concerned, it was necessary, had there been no representation at all in the Executing Court, however, when the order-sheet itself reveals that the judgment debtor appeared before the Court through her Counsel Shri Ratnesh Pal on 04.10.2019, and thereafter vanished from the scene, there is no point in again sending a notice to the judgment debtor and prolong the execution of the decree any further. It is also found that it cannot be said that the judgment debtor had no knowledge of such proceedings as she has contested the matter throughout till the Supreme Court and was well aware of the execution proceedings pending before the Executing Court, hence, her absence in the Executing Court appears deliberate. In such c