Civil Revision No.6334 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6334 of 2007 Date of decision: 30.03.2009. Mohinder Singh @ Mohinder Kumar .....Petitioner Versus M/s Jindal Bricks Co. Rajepur ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. P.S.Rana, Advocate for the petitioner Ms. Divya Sharma, Advocate for the respondent ***** S.D.ANAND, J. There were two applications which were pending before the learned Trial Court at the relevant point of time. One application had been filed by the petitioner-judgment debtor for setting aside of the exparte order dated 28.4.2007. The other application under consideration had been filed by the respondent-decree holder who had applied for the detention of the petitioner herein in civil imprisonment. That plea had been filed in terms of the provisions of Order 21 Rule 37 read with Section 151 C.P.C. It is apparent, from a perusal of the impugned order dated 29.11.2007, that arguments had been heard “on the application for setting aside the ex-parte order dated 28.4.2007”. Though the Civil Revision No.6334 of 2007 -2- **** impugned order does notice the respective pleas of the parties, in the context of the application filed by the Decree Holder, the learned Trial Court did not record the satisfaction that “the judgment debtor is likely to abscond or leave the local limits of the jurisdiction of the Court” with the “object or effect of delaying the execution of the decree.”. Thus, though there is no force in the plea on behalf of the petitioner that the judgment debtor had not been called upon to “show cause why he should not be committed to the civil prison”, it is apparent from the record that the impugned order cannot be upheld for want of recording of the above indicated satisfaction. The impugned order shall stand set aside accordingly. However, the setting aside of that order shall only entitle the petitioner-judgment debtor to have an opportunity of hearing afresh. It is thereafter only that the learned Trial Court shall dispose of the plea under Order 21 Rule 37 read with Section 151 C.P.C. The parties, through their learned counsel, are directed to appear before the learned Trial Court, on 1.4.2009. The exercise by the learned Trial Court (for disposal of the plea aforementioned afresh) shall be concluded within one week of 1.4.2009. Disposed of accordingly. March 30, 2009 (S.D.Anand) Pka Judge