BHAGAT SINGH Vs. GURMUKH SINGH

JUDGEMENT

(1.) This revision petition has bean filed against the order of the Subordinate Judge Ist Class, Zira, dt. 20-1-1986 by which warrants were issued against the judgement debtor to appear in the Court on 15-2-1486.

(2.) Briefly, the facts are that the decree-holder filed an application that the judgement-debtor had not paid the decretal amount and that he should be detained in civil prison. A notice of the application was given to the judgement-debtor who filed objections in pursuance of the notice. The Court directed him to appear in person but he failed to do so. Consequently, the Court issued a conditional warrant against the judgement-debtor. He has come up in revision to this Court.

(3.) Mr. Chopra, learned counsel for the petitioner, has argued that the warrant of arrest of the judgement-debtor could not be issued when in the petition the decree-holder had stated that the judgement-debtor had no movable or immovable property. He drew my attention to the provisions of O.21 R.40 and S.51 of Civil P.C. thereinafter referred to as 'The Code'. On the other hand, the learned counsel for the respondent, has urged that the order was not passed under O.21 R.40 read with S.51 of the Code but it was passed under O.21 R.37.