THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1694 of 2007 ORDER: Heard both sides. The petitioner/judgment debtor filed this Civil Revision Petition under Section 115 C.P.C., inter alia, assailing the order dated 20.03.2007 passed by the Junior Civil Judge, Nandikotkur in E.P.No.138 of 2005 in O.S.No.133 of 2005, whereby the petition filed under Order XXI Rule 37 CPC was closed committing the judgment debtor to Civil Prison, Kadapa for a period of one month on payment of proper batta. This Court, on 20.04.2007, while admitting the revision petition, suspended the impugned order subject to condition of the petitioner depositing half of the decretal amount and costs. The learned counsel for the petitioner submitted that the petitioner has already complied with the said conditional order. The grievance of the petitioner is that he was not given any opportunity to defend his case and the E.P. was straightaway allowed. Order XXI Rule 37(1) of the CPC, envisages that the Executing Court shall, instead of issuing a warrant for the arrest of the judgment- debtor issue a notice calling upon him to appear before the Court on a date fixed in the notice and requires him to show-cause as to why he should not be committed to the civil prison. But, in the instant case, the Court below has not followed such a procedure and directly committed the petitioner, who was brought before the Court under a warrant of arrest, to civil prison. It is also brought to the notice of this Court that I.P.No.10 of 2006 filed by the petitioner was restored. Having regard to the facts and circumstances of the case, the impugned order is set aside and the matter is remitted back to the Court below for considering it afresh, after giving notice and opportunity to both sides. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. B.PRAKASH RAO, J Date: 24.06.2010 va