MOHD. JAMIL Vs. DAVINDER KAUR

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India for setting aside the order dated 16.8.2008 (Annexure P-1) passed by the District Judge, Sangrur whereby, the warrants of arrest for detaining the petitioner in civil prison was issued.

(2.) THE Respondents before the Court are the complainants in a Motor Accidents Claim No. 24 F 31.1.2001 filed on account of death of Harbhajan Singh against the present petitioner (Mohd. Jamil) and the driver (Shoukat Ali) of the offending vehicle. Learned Motor Accident Claims Tribunal, Sangrur (for short 'the Tribunal') vide order dated 4.3.2003 allowed the claim petition and awarded compensation to the tune of Rs. 5,28,000/-. The order passed by the Tribunal reads as under :-

(3.) AGGRIEVED against the aforesaid order, the petitioner has filed the present petition and has argued that before passing the order of warrants of arrest, it was incumbent upon the Court to issue showcause-notice. He referred to the provisions of Order 21 Rule 37 of the CPC, which reads as under: