JUDGMENT :

A. BADHARUDEEN, J.

1. The second judgment debtor in E.P. No. 65/2019 in Arb. O.P. No. 281/2016 has filed this Original Petition under Article 227 of the Constitution of India.

2. It is submitted by the learned counsel for the petitioner that though the second judgment debtor filed an objection, raising specific contention that he had no means to pay the decree debt, without conducting an enquiry under Order XXI Rule 40 of the Civil Procedure Code (hereinafter refers to as ‘CPC’) warrant of arrest was issued.

3. I have perused the order and the objection filed by the judgment debtor in tune with the submission made by the learned counsel for petitioner/second judgment debtor. It appears that though many untenable contentions raised in the objection, a contention disputing means of the petitioner has been raised in the objection. The learned District Judge not made enquiry to find the genuineness of this contention before issuing warrant.

4. At this juncture, I am inclined to address a relevant question viz. what is the procedure to be followed before issuance of arrest warrant in execution of a decree for payment of money. In this back drop, it is pertinent to refer Order XXI