Law: Civil Procedure Code (V of 1908)

Section: 51(1),OrderXXI,Rule37

Civil Procedure Code (V of 1908)--- ----S. 51(1) & O.XXI, R.37---Execution of money decree---Issuance of warrant of arrest against debtor---Requirements of law---Under S.51(1) read with O.XXI, R.37, C.P.C. the Executing Court was fully empowered to enforce execution of decree by arrest and detention of debtor even without notice, however, provisions required that before issuing the order of detention/arrest Executing Court had to satisfy that -debtor was likely to abscond and leave the local limits of trial Court and such satisfaction must be expressed with reasons and after proper application of mind to the facts and circumstances of the case. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner who is a judgment-debtor is aggrieved of the order dated 10-12-2005 passed by District Judge/Executing Court, Toba Tek Singh whereby the learned District Judge issued warrant of arrest of the petitioner in execution proceedings. 2. It has been argued by the learned counsel for the petitioner. that the order dated 10-12-2005 has been passed in clear disregard to the provisions contained in section 51(1) as well as Order XXI, Rule 37, C.P.C. inasmuch as the impugned order neither shows the proper application of mind by the learned Executing Court nor even fulfils the requirements of law for issuance of warrant of detention. 3. Learned counsel for the decree-holder, on the other hand, submits that the impugned order was valid in law and that as the Executing Court failed to procure the attendance of the petitioner after adopting all the necessary mea has sures there was no option left with the learned Executing Court except to pass the detention order of the petitioner through the impugned order. 4. Arguments of the learned counsel for the parties have been considered and record perused. 5. There is no denial of the fact that in terms of section 51(1) read with Order XXI, Rule 37, C.P.C. the Executing Court has got the power to order the arrest and direct the detention of the judgment-debtor even without notice where the Court is satisfied, by affidavit, or otherwise, that, with…

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