SANKAPPA GANGAPPA RONAD Vs. SHIVAPPA DHARMAPPA KARESEERI

JUDGEMENT

(1.) THIS civil revision under Section 115, Civil Procedure Code arises from the order dated 16-4-1994 delivered in Ex. Case No. 2 of 1991 by the Munsiff and J. M. F. C. , Navalgund. The operative portion of the order reads as under.

(2.) I have heard Sri S. A. Kalagi, learned Counsel for the revisionist-petitioner and Sri Umesh R. Malimath, learned Counsel for the respondent.

(3.) IT has been contended by the learned Counsel for the judgment-debtor, revisionist-petitioner that the Court below has acted illegally in passing the impugned order and in issuing directly the warrant of arrest without giving any opportunity or without giving any show-cause to the judgment-debtor. Learned Counsel contended that the order impugned has been passed in violation of the provisions of Order 21, Rule 37 and as such, it is without jurisdiction or at least it has been passed illegally in exercise of jurisdiction vested in the Court. Learned Counsel further contended that it is one of the well settled principles of law under the constitution as per Article 21 of the Constitution that no person shall be deprived of his life and liberty except in accordance with law. Learned counsel contended that here the order passed results in depriving the applicant of his fundamental right of liberty which cannot be deprived except in accordance with the provisions of rule.