OM PRAKASH Vs. RAJAN CHOPRA

JUDGEMENT

(1.) Having regard to the nature of order proposed to be passed in the case at hand, this court sees no necessity to issue notice to the respondent.

(2.) By way of present petition filed under Art. 227 of the Constitution of India, prayer has been made to set aside order dated 26.9.2018 passed by learned Civil Judge, Manali in Ex. Petition No. 38-X/2017 titled Rajan Chopra vs. Om Prakash, whereby warrant of arrest against the petitioner-judgment debtor came to be issued in the execution petition filed by the respondent-Decree Holder, for different dates and lastly returnable for 15.7.2019.

(3.) Having heard learned counsel for the petitioner and perused the material available on record, this Court finds that since the petitioner-judgment debtor despite repeated notices issued to him, failed to put in appearance in the execution proceedings initiated at the behest of the respondent, learned executing Court was left with no other option but to issue warrants of arrest against the petitioner. Warrant of arrest, as referred to above, was though also issued on 25.2.2019, but Zimni orders placed on record clearly suggest that till last date of hearing i.e. 3.6.2019, same could not be executed. It has been averred in the petition that since the petitioner was not available in Manali as he had gone to Lahul & Spiti, factum with regard to passing of order dated 26.9.2018 never came to the knowledge of the petitioner.