- (1.) Judgment debtor Didar Singh alias Dara Singh by filing this revision petition under Article 227 of the Constitution of India has challenged order dated 8.10.2010, Annexure P/2 passed by the executing court i.e. learned Additional Civil Judge (Senior Division), Fazilka thereby ordering issuance of conditional arrest warrant against the judgment debtor on application Annexure P/1 moved by respondent decree-holder State Bank of India under section 51 read with Order 21 Rule 37 and section 151 of the Code of Civil Procedure (in short, CPC). I have heard learned counsel for the parties and perused the case file.
(2.) Counsel for the petitioner contended that no notice of application Annexure P/1 was issued to the JD-petitioner nor any opportunity of hearing was given before passing the impugned order which is, therefore, unsustainable.
(3.) I have carefully considered the aforesaid contention which merits acceptance. Impugned order passed by the executing court is reproduced as under:- Present:- Sh. J.P. Dhawan, Branch Manager in person on behalf of DH Bank. DH has filed an application under section 51 read with Order 21 Rule 37 and Section 151 CPC. Heard. In view of the reasons mentioned in the application, conditional warrant against the JD is ordered to be issued for 20.12.2010.;