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2022 Supreme(Online)(MP) 2705

HIGH COURT OF MADHYA PRADESH
Devendra Gole – Appellant
Versus
M/S Mahal Coal Traders – Respondent


Advocates:
Aniket Naik,

    O R D E R

    This petition has been filed by the petitioner under Article

226/227 of the Constitution of India against the order dated 14.03.2022 (Annexure-P/5), in Case No.Ex-3-B/2018 passed by Second Civil Judge, Junior Division (Class-II), District-Barwani whereby the petitioner's right to file the reply to the application filed by the respondent/decree holder under Order 21 Rule 37 CPC has been closed, by referring to order dated 31.01.2022. It is held that since the application filed by the respondent/decree holder under Order 21 Rule 37 CPC has already been decided on 31.01.2022 ,wherein the judgment debtor was also issued show cause notice as to why he should not be sent to civil jail, and it is held that no further time can be granted to the petitioner / judgment debtor to file reply to the aforesaid application and it is directed that on decree holders depositing the requisite expenses, the order be issued to send the judgment debtor to the jail.

    Counsel for the petitioner has submitted that the learned

Judge of the Executing Court has lost sight of the very provision of Order 21 Rule 37 of CPC, which envisages show cause to be issued to the judgment debtor which is not a mere f

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