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1972 Supreme(Gau) 34

B.N.SARMA
Wahengbam Menjor Singh – Appellant
Versus
Adweta Debota – Respondent


Advocates Appeared:
M. Charugopal Singh, Priyananda Singh

Judgement

The first judgment-debtor in Execution Case No. 14 of 1971 on the file of the Munsiff, Bishenpur, has filed this revision petition against the order of the Munsiff dated 3-12-1971 directing the issue of a warrant for his arrest in execution of the money decree passed in O. S. No. 15 of 1968 of the Court of the then Munsiff No. 5 of Manipur. For proper appreciation of the law points urged by the learned counsel, the facts leading to the present revision petition may be briefly stated here.

2. The decree-holder-opppsite party filed an application for execution on 4-9-1971 praying for execution of the decree by arrest and detention of the Judgment-debtor in civil prison. The learned Munsiff issued a notice to the judgment-debtor under Order XXI. Rule 37, Civil P. C. to show cause as to why the decree should not be executed in the manner as prayed for. On receipt of this notice the judgment-debtor appeared and showed cause. The cause shown by him was, however, beside the points and not actually an answer to a notice under Order XXI, Rule 37, Civil P. C. The learned Munsiff on perusal of the cause shown by the judgment-debtor rejected his objection as frivolous and, by his orde

























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