SUBHASH CHAND JAIN Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This is judgment-debtor's revision under S. 115 of the Code of Civil Procedure against the order dated 11-8-1994 passed in Execution Case No. 1-B of 1986 by the Additional Judge to the Court of District Judge, Narsinghpur whereby warrant for sending the applicant in civil prison was issued.

(2.) It is not necessary to State the facts in details. The non-applicant/Bank obtained a decree for Rs. 39,541/- along with interest and costs against the applicant which was put to execution. In the execution proceedings an application was filed by the decree-holder Bank on 4-3-1994 for sending the judgment debtor to civil prison of which the notice to show cause was issued by the executing Court under Order 21, Rule 37 of the Code of Civil Procedure. The applicant submitted its reply. The executing Court to enforce the execution without holding an enquiry ordered of issue of warrant for detention of the applicant in civil prison.

(3.) Having heard Shri N. K. Patel, counsel for the applicant and Shri H. C. Kohli, counsel for the non-applicant, I am of the opinion that the order passed by the executing Court cannot be sustained.