RAUF ABDUL MAJID Vs. AMNABAI A GAFAR

JUDGEMENT

(1.) This Civil Revision Application is directed against the judgment and order dated 24/01/1989 passed by the learned Civil Judge (S.D.), Gondal in Execution Application No. 44 of 1988. By the impugned order, the Executing Court directed to issue civil jail warrant against the petitioner for detaining him in civil prison.

(2.) The respondents are the original plaintiffs who filed Civil Suit No. 99 of 1983 in the Court of Civil Judge (S.D.), Gondal for recovery of Rs. 9,000.00 with interest and costs. Eventually, a decree came to be passed in the said suit for Rs. 9,000.00 with interest and costs. Thereafter, the respondents filed Execution Application No. 44 of 1988 in the Court of the learned Civil Judge (S.D.), Gondal praying for execution of the decree as provided under Order 21 Rule 40 of the Civil Procedure Code by detaining judgment-debtor in civil prison. The Executing Court by its order dated 17/09/1988 ordered to issue notice to show cause why judgment-debtor should not be detained in civil prison. In response to the said notice, the petitioner, judgment-debtor appeared and prayed for time for filing the reply. The Executing Court granted time keeping the matter for hearing on 25/11/1988. It appears that the said date was got changed to 25/10/1988 at the instance of the learned Advocate of the judgment-creditor. The petitioner or his Advocate who were not aware of such change in the date and as such the petitioner could not remain present on 25/10/1988. The Executing Court therefore, issued a warrant against the judgment-debtor for detaining him in civil prison by an order dated 25/10/1988.

(3.) The petitioner judgment-debtor on coming to know about the issuance of such warrant submitted an application Exh. 10 requesting the Court to set aside the order on the ground that he was not aware of the date of hearing which was changed behind his back. The Executing Court permitted the petitioner judgment-debtor to file his objection and kept the matter on 24/01/1989 for hearing.