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VIKAS SURI
Major Singh – Appellant
Versus
Murli Trading Company – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 227 and lack of notice. (Para 1 , 2) |
| 2. factual background of the ex parte decree. (Para 3 , 4) |
| 3. rules governing arrest and detention. (Para 5) |
| 4. procedural requirements for executing warrants. (Para 6 , 8) |
| 5. court's directive for appearance and remedy. (Para 9 , 10) |
| 6. conclusion and order regarding warrants. (Para 11) |
Judgment
Mr. Vikas Suri, J.
This Revision Petition has been preferred invoking jurisdiction under Article 227 of the Constitution of India, aggrieved against the order 17.11.2022 (Annexure P-8) passed by the Executing Court whereby it ordered issuance of warrants of arrest of the petitioners (JDs), for their failure to put in appearance despite being served notice of the application under Order 21 Rule 37 of Code of Civil Procedure, 1908 (for short ‘the CPC’).
2. At the very outset, learned counsel on instructions, submits that the petitioners seek indulgence of this Court for grant of an opportunity to put in appearance before the proceedings pending before the Executing Court and also to take appropriate steps for setting aside of the exparte decree, as may be permissible in law. It is further submitted that the petitioner
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