JUDGMENT - 1. This is an application by the decree-holder for the revision of an order passed in execution by the Small Cause Court at Poona, directing the arrest of the petitioner under Order XXI Rule 37 Sub rule 2, C. p. c.

2. The opponent obtained a decree for Rs. 417-8-0 against the petitioner on 4-8-1955. As the petitioner did not pay the decretal amount the opponent filed an application for execution of the decree. By that application the opponent sought the arrest and detention of the petitioner in a civil jail. After the application was made the court issued a notice to the petitioner under Order XXI Rule 37 Sub-rule (1), C. P. C. The petitioner attended the court in obedience to the notice and filed his written statement. The matter was then adjourned and the petitioner failed to attend on the date of the adjourned hearing. According to Mr. Pendse, the petitioners counsel put in his appearance on his behalf in court on the date of the adjourned hearing. As the petitioner was not present in person the court ordered the issue of a warrant against him under Order 21 Rule 37 Sub-rule (2). Mr. Pendsc contends that the court had no jurisdiction to make an order of this kind for t

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