JANAK RAJ Vs. SARDARI MAL DES RAJ

JUDGEMENT

(1.) Impugned in present revision is order dated 9.2.2015 (Annexure-P-5), passed by learned Additional Civil Judge (Senior Division), Jalalabad, vide which an application under Order XXI Rule 37 CPC, 1908, filed by decreeholder in execution proceedings for recovery of Rs. 8,37,915.08, conditional warrants of arrest of JD No. 2 Janak Raj were issued.

(2.) I have heard learned counsels for parties and have also carefully gone through file.

(3.) It comes out that amount involved in execution is more than Rs. 8,37,915.08. Interim order dated 29.10.2013 shows that warrants of attachment of property of JD were issued. As per order dated 21.2.2014, attachment was done and case was adjourned to 10.4.2014 for filing application under Order XXI Rule 66 CPC, 1908. On said date, in place of filing application under Order XXI Rule 66 CPC, 1908, decreeholder moved an application under Order XXI Rule 37 CPC, 1908 for arrest of JD, on which impugned order is passed.