C.R. No.6447 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6447 of 2010 Date of Decision: 05.10.2010 Naresh Kumar ....…Petitioner Versus Jagjeet Singh ……Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr.Sherry K. Singla, Advocate for the petitioner. L. N. MITTAL, J (ORAL) Judgment-debtor Naresh Kumar has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 22.09.2010 Annexure P-3 passed by the Executing Court i.e learned Civil Judge (Junior Division), Talwandi Sabo. Respondent-decree-holder Jagjeet Singh has filed execution petition in which application under Order 21 Rule 37 of the Code of Civil Procedure was moved for detention of the petitioner- judgment debtor in civil prison. Petitioner-judgment-debtor in his reply alleged that he was going to file application for setting aside ex parte decree passed against him. It was also alleged that he has no moveable or immoveable property nor any source of income. The decree-holder has alleged that the judgment debtor to defraud his creditors has sold his moveable property and transferred his immoveable property in the name of his wife. The executing Court directed the judgment debtor to appear in person. However, the judgment debtor-petitioner failed to comply with the said order. Consequently, the Executing Court vide C.R. No.6447 of 2010 2 impugned order directed issuance of arrest warrant of judgment debtor to secure his personal appearance. I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner vehemently contended that Executing Court has straight away passed impugned order of detention of judgment debtor in civil prison. The contention is untenable because by the impugned order, the trial Court has not directed detention of the petitioner-judgment debtor in civil prison. On the contrary, only arrest warrant has been issued to secure personal appearance of the judgment-debtor as directed by the Executing Court earlier. Since the judgment-debtor failed to comply with the direction of the Executing Court for personal appearance, the Executing Court was left with no option, but to secure appearance of the judgment-debtor by arrest warrant. There is no illegality in the impugned order of the Executing Court. The revision petition is accordingly dismissed in limine. ( L. N. MITTAL ) JUDGE 05.10.2010. A. Kaundal