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CR-3821 of 2023

2023:PHHC: 087567

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-3821 of 2023(O&M)

Date of Decision: 13.07.2023

Naresh Kumar

…Petitioner

Versus

Dhanpat Rai

…Respondent

CORAM :HON’BLE MR. JUSTICE KARAMJIT SINGH

Present:- Mr. Deepak Aggarwal, Advocate

For the petitioner.

***

KARAMJIT SINGH, J.

1.

The present revision petition has been filed by Naresh Kumar,

judgment debtor against the order dated 31.05.2023 passed by the Court of

Civil Judge(Jr.Divn.), Samrala whereby the said Court has issued

conditional warrants of arrest of the petitioner in an execution application

filed by Dhanpat Rai, decree holder under Order 21 Rule 37 CPC.

2.

The counsel for the petitioner submits that the impugned order

was passed by the concerned Executing Court without complying with the

provisions of Order 21 Rule 37 CPC, which mandates that the Court shall

instead of issuing a warrant of arrest of judgment debtor, issue a notice

calling upon him to appear before the Court on the date fixed and show

cause as to why he should not be committed to civil imprisonment. Such

show c