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2017 Supreme(P&H) 2939

DAYA CHAUDHARY
Sarmukh Singh – Appellant
Versus
Arun Kumar – Respondent


Advocates Appeared:
Mr. Digvijay Nagpal, Advocate.

JUDGMENT :

DAYA CHAUDHARY, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned Order dated 11.01.2017 passed by the Additional Civil Judge (Senior Division), Samrala, whereby, the application filed by the petitioner under Order 21, Rule 37 of CPC has been dismissed.

2. Briefly, the facts of the case are that the respondent-decree holder filed an application for execution of decree dated 03.10.2009 against the petitioner/judgment debtor to which the petitioner filed objections. Thereafter, the respondent/decree holder filed an application under Order 21 Rules 37 and 41 read with section 151 of CPC for sending the petitioner/judgment debtor in civil prison till the recovery of decretal amount. The petitioner filed detailed reply to the said application and the respondent also filed rejoinder to reply to the application. Thereafter, another application was also moved by the petitioner for seeking permission to file reply to the plea taken by respondent in the rejoinder. The respondent raised an objection to the application that the same has been moved to delay the execution proceedings. Said application filed by











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