KARNAIL SINGH Vs. SHAGAN SINGH AND OTHERS

JUDGEMENT

(1.) Learned counsel for the petitioner-judgment debtor submits that provisions of Order 21 Rule 37 CPC have not been complied with as straight away in execution application under Order 21 Rule 37 CPC order of arrest has been passed. In support of his contentions, he has relied upon the judgment in Didar Singh @ Dara Singh Vs. State Bank of India, 2013 1 RCR(Civ) 588. I have heard learned counsel for the petitioner and appraised the paper book.

(2.) The operative part of the order reads thus:-

(3.) I am of the view that the trial court has not complied with provisions of Order 21 Rule 37 CPC in its letter and spirit before forming an opinion of warrant of arrest, show cause notice was required to be served, accordingly the impugned order is hereby set aside with a direction to the trial court to decide the application as per provisions of Order 21 Rule 37 CPC preferably within a period of one month from the date of receipt of certified copy of this order.