Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.

JUDGMENT

Vikas Bahl, J. - Cm-5214-Cii-2021

2. Application is allowed, as prayed for.

CR-1247-2021 (O&M)

3. The present revision petition has been filed by the Judgment Debtors for setting aside the order dated 10.09.2019 (Annexure P-4) and the order dated 01.03.2021 (Annexure P-5) passed by the learned Civil Judge (Senior Division), Kurukshetra vide which the conditional warrant of arrest was issued against the Judgment Debtors.

4. The facts giving rise to filing of the present civil revision petition are as mentioned hereinafter. Respondent No.1 filed the suit for recovery of 28,10,131/-. Ex parte judgment and decree dated 22.05.2017 (Annexure P-2) was passed in favour of the said respondent and thereafter, respondent No.1 filed Execution Petition in the year 2017. A copy of the said Execution Petition has been appended alongwith the revision petition as Annexure P-3. Even, as per the case set up in the revision petition, it has been stated that vide order dated 10.09.2019, conditional warrant of arrest was issued against the petitioners/Judgment Debtors.

5. A perusal of the order dated 10.09.2019 (Annexure P-4) would show that it had been noted in the same that an application under Order 21 Rule 37 and 38 CPC for detention of the Judgment Debtor for recovery of the decretal amount alongwith interest had been filed and on the said application, show cause notice under Order 21 Rule 37 CPC was issued. The petitioners/Judgment Debtors were duly served and even their counsel appeared and filed the power of attorney and sought time to make the payment. However, since, nobody appeared on 10.09.2019, nor any payment was made, nor any reply to the show cause notice was given, accordingly, conditional warrant of arrest was issued against the Judgment Debtors with the direction to the Execution Officer to bring him before the Court unless the aforesaid amount as detailed out in the decree is paid alongwith the interest.

6. As is apparent from the averments made in the revision petition, another order dated 01.03.2021, which is appended as Annexure P-5 with the revision petition, was passed which is also sought to be challenged in the present revision petition. Perusal of the same would show that the conditional warrants of arrest were issued on several occasions and were received back unexecuted as was recorded in the orders dated 06.11.2019, 09.12.2019, 07.02.2020, 25.02.2020. It was further recorded that since on many occasions, warrants had been received back unexecuted, thus, it was deemed appropriate to order execution of the said conditional warrant of arrest by the DSP Head Quarter, Kurukshetra.

7. The said orders are sought to be challenged by the petitioners before this Hon'ble Court. It has been argued by the learned counsel for the petitioners that the Court should first attach the property of the Judgment Debtor and after exhausting the said procedure, should then issue conditional warrant of arrest. It is further stated that the ex parte decree is not in accordance with law. It is also submitted that the petitioners are ready to appear before the learned Courts below but the petitioners apprehend that the petitioners will be arrested. On the basis of the said submissions, it has been prayed that the impugned orders be set aside.

8. I have heard learned counsel for the petitioners and have perused the paper book and I am of the considered opinion that the present Civil Revision Petition deserves to be dismissed as being meritless.

9. The old saying that the problem of a man starts after he has a decree in his favour is clearly exemplified by the facts of the present case.

10. Even as per the case of the petitioners, the decree was passed on 22.05.2017. It is not the case of the petitioners that the said decree has been set aside or any application for setting aside the said decree has been filed or any appeal against the said decree has been filed. Although, all the orders and the proceedings have not been annexed alongwith the prese