Law:

Section:

(a) Civil Procedure Code (V of 1908) O.XXI, R.37 Execution of decree Detention of ¬-debtor Non issuance of show cause notice In execution proceedings, decree holder filed application under O.XXI, R.37. C.P.C. and notice was issued to the debtor On the same day, after issuance of notice by the Executing Court, the decree holder made an oral, statement alleging that the debtor might leave the territorial jurisdiction of the Executing Court, therefore, the notice was withdrawn and warrant of arrest was issued with a direction that the debtor would remain in prison till realization of the decretal amount Judgment debtor was arrested and confined to prison who remained there for five months Validity Without adopting the normal procedure of summoning the debtor through a show cause notice for the satisfaction of the decree and of the attachment of movable and immovable property of the debtor, the Executing Court had acted in haste in ordering the arrest and detention of the ¬-debtor Order of detention was passed by Executing Court without any lawful justification and the same was set aside Appeal was allowed in circumstances. (b) Civil Procedure Code (V of 1908) O.XXI. R.37 Execution of decree Apprehension of absconding of debtor Issuance of warrant of arrest by Executing Court in the first instance Instead of issuance of show cause notice to the debtor, on apprehension of the decree holder, the Executing Court issued the warrant of arrest and detained the ¬-debtor in prison Judgment debtor deposited a sum of Rs.50, 000 with the decree holder and was released from the prison Effect Deposit of the amount showed that the apprehension was not well founded and instead of straightaway sending the debtor to jail. He could have been bound, down through an acceptable security or surety bond to ensure his presence on each and every date of hearing Order of detention was set aside by High Court in circumstances. JUDGMENT M. JAVED BUTTAR, J. This appeal is directed against the order, dated 23 12 2000 passed by Judge, Banking Court V, Lahore, whereby the appellant's miscellaneous application for his release from the civil prison was dismissed. 2. The relevant facts are that the…

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