CR No.5109 of 2010

-1-

IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

CR No.5109 of 2010

Date of Decision : 5.3.2012

Darshan Singh

..Petitioner

Vs.

Ruldu Ram

..Respondent.

CORAM:

HON'BLE MR.JUSTICE M.M.S. BEDI

Present :

Mr. A.S.Bhinder, Advocate for the petitioner.

Mr. Ashok Jindal, Advocate for the respondent.

* * *

M.M.S. Bedi, J.

The petitioner is Judgment Debtor.

During the pendency of an execution application for recovery

of the decretal amount of Rs.1,50,000/- with interest, an application under

Order 21 Rule 37 CPC appears to have been filed resulting in passing of

impugned order dated 3.3.2010, issuing arrest warrants against the

petitioner for recovery of sum of Rs.2,44,943/-. The order dated 3.3.2010

has been questioned through this petition under Article 227 of the

Constitution of India. No doubt, under Section 51 of CPC, an Executing

Court on application of decree holder can order execution of decree by

different means. One of the means for execution is attachment and sale of

CR No.5109 of 2010

-2-

the property or sale without attachment or by arrest and detention as per the

provisions of Section 55 CPC read with provisions of Order 21 Rule