Mr. L.N. Mittal, J.: (Oral) - Judgment debtor Didar Singh alias Dara Singh by filing this revision petition under Article 227 of the Constitution of India has challenged order dated 8.10.2010, Annexure P/2 passed by the executing court i.e. learned Additional Civil Judge (Senior Division), Fazilka thereby ordering issuance of conditional arrest warrant against the judgment debtor on application Annexure P/1 moved by respondent decree-holder State Bank of India under section 51 read with Order 21 Rule 37 and section 151 of the Code of Civil Procedure (in short, CPC).

2. I have heard learned counsel for the parties and perused the case file.

3. Counsel for the petitioner contended that no notice of application Annexure P/1 was issued to the JD-petitioner nor any opportunity of hearing was given before passing the impugned order which is, therefore, unsustainable.

4. I have carefully considered the aforesaid contention which merits acceptance. Impugned order passed by the executing court is reproduced as under:-

“Present:- Sh. J.P. Dhawan, Branch Manager in person on behalf of DH Bank.

DH has filed an application under section 51 read with Order 2 Rule 37 and Section 151 CPC