The petitioner in the C.R.P. is the defendant in O.S.No.149 of 1999, on the file of the Principal Junior Civil Judge, Kothapet. The suit was filed by the respondent, for recovery of certain amount. It was decreed on 20.8.2004. After the decree became final, the respondent filed E.P.63 of 2004, under Order XXI Rule 37 C.P.C. The executing court issued notice to the petitioner, requiring him to appear before it on 20.1.2005.

2. Petitioner filed Vakalat and counter affidavit on 20-1-2005 On the same day, the respondent filed E.A.No.325 of 2005, under sub-rule (2) of Rule 37 of Order XXI C.P.C., stating that the petitioner did not appear in person, before the executing court, in response to the notice issued to him, and in that view of the matter, he must be arrested. The trial court allowed the E.A., and issued warrant of arrest against the petitioner, through an order passed on the same day. The petitioner challenges the said order.

3. Sri V.L.N.G.K.Murthy, learned counsel for the petitioner, submits that the notice served upon the petitioner in Form No.12 of Appendix-E of C.P.C., is similar to the notice issued in a suit, and it does not contemplate the appearance of the