TASHI RABSTAN
Tariq Ahmad Rather – Appellant
Versus
Gopi Chand Prem Kumar – Respondent
JUDGMENT :
1. Setting-aside of Order dated 20th February 2020, passed by the court of Sub-Judge (CJM) Sopore (for brevity "Trial Court”) in an Execution Petition titled Firm Gopi Chand, Prem Kumar v. Tariq Ahmad Rather, directing detaining of petitioner in civil prison for a period of one month in execution of the decree, is implored for on the grounds mentioned in Revision Petition on hand.
1.2. It is maintained that application for execution of decree having been filed by respondent before Trial Court did not satisfy requirements of Section 51 of the Code of Civil Procedure (CP).
1.3. Learned Trial Court is stated to have not appreciated any satisfaction that application for execution was incompetent and that no inquiry as required under Rule 40 of Order 21 CPC was held by Trial Court.
1.4. It is asserted that Trial Court did not issue any show cause notice to petitioner enabling him to explicate as to why he should not be committed to civil prison. Petitioner was got
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