Civil Revision No.3423 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3423 of 2010 (O&M) Date of decision: 27.08.2010 Jangir Singh .....Petitioner Versus Sahib Ditta ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. Parminder Singh, Advocate, for Mr. T.N. Sarup, Advocate, for the petitioner. Mr. Sukhdev Kamboj, Advocate, for the respondent. ***** VINOD K.SHARMA, J. (ORAL) CR No.3423 of 2010 The petitioner, by way of this revision, has challenged the order dated 7.11.2009 passed by the learned Civil Judge (Junior Division), Fazilka, which reads as under: - “Proclamation of munadi issued against JD has been received back duly effected but neither JD nor any body else on his behalf has appeared despite repeated calls of the case. As a result, JD is proceeded against exparte. As JD has not turned up, it is clear that he has nothing to say in reply to application u/o 21 Rule 37 CPC. Consequently, conditional warrant of arrest are ordered to be issued against JD for 24/2/10 on furnishing warrant fee within 7 days.” Learned counsel for the petitioner, on instructions from the petitioner, had made a statement that the petitioner will appear in the Court on the date fixed. In view of the statement made by the learned Civil Revision No.3423 of 2010 (O&M) -2- counsel, on instructions, the execution of conditional warrant of arrest was stayed. It is not disputed that the petitioner appeared in the Court and further proceedings are going on. The learned Executing Court is directed to proceed in accordance with law without arrest of the petitioner. In view of participation of the petitioner in the proceeding, this revision is rendered infructuous. Disposed of accordingly. CM No.21731-CII of 2010 This civil miscellaneous application is rendered infructuous. Disposed of accordingly. (Vinod K. Sharma) Judge August 27, 2010 R.S.