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1986 Supreme(P&H) 294

RAJENDRA NATH MITTAL
Bhagat Singh – Appellant
Versus
Gurmukh Singh – Respondent


Judgment

1. This revision petition has bean filed against the order of the Subordinate Judge Ist Class, Zira, dt. 20-1-1986 by which warrants were issued against the judgement debtor to appear in the Court on 15-2-1486.

2. Briefly, the facts are that the decree-holder filed an application that the judgement-debtor had not paid the decretal amount and that he should be detained in civil prison. A notice of the application was given to the judgement-debtor who filed objections in pursuance of the notice. The Court directed him to appear in person but he failed to do so. Consequently, the Court issued a conditional warrant against the judgement-debtor. He has come up in revision to this Court.

3. Mr. Chopra, learned counsel for the petitioner, has argued that the warrant of arrest of the judgement-debtor could not be issued when in the petition the decree-holder had stated that the judgement-debtor had no movable or immovable property. He drew my attention to the provisions of O.21 R.40 and S.51 of Civil P.C. thereinafter referred to as The Code . On the other hand, the learned counsel for the respondent, has urged that the order was not passed under O.21 R.40 read with S.51 of the Cod



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