I.S. Tiwana, J. - (1.) IN this revision, the following order of Shri G. L. God, Subord inate Judge, Ist Class, Sirsa, dated June, 7, 1986, is impugned on wide veriety of grounds: - An application for sending the judgment Debtor to jail in default of payment of the decreetal amount filed. Heard. The judgment Debtor Bhoop Singh be summoned through non -bailable warrants of arrest for July, 21, 1986. If he pays Rs. 169 74.05 P. then he be set on liberty, otherwise brought in the Court. Warrants be issused for 21.7.1986.
(2.) A bare reading of this order discloses that while passing the same, the learned Subordinate Judge was completely oblivious of the provisions of Section 51 and Order 21, Rule 37 of the Code of Civil Procedure. No doubt, under Section 51, the arrest and detention of the judgment debtor in prison is one of the modes of execution or enforcement of the decree against him, but this has been made subject to certain conditions and limitations which have been prescribed in the section itself and Rule 37 referred to above. Proviso to this section lays down that where the decree is for the payment of money, execution by detention is prison shall not be ordered unless, after giving the judgment -debtor an opportunity of showing cause why he should not be committed to prison, the court is satisfied about the matters specified in Clauses (a) to (c) to this proviso. Under Rule 37 it is only after the preliminary notice referred to above that if the judgment debtor fails to show cause against the execution of the decree by way of his detention, he may be committed to civil prison. In other words it is only when no appearance is made by the judgment -debtor in obedience to the notice that the Court can issue a warrant of arrest under Sub -rule (2). No such steps appear to have been taken by the lower Court. It is thus patent that the order besides disclosing the ignorance of the above -noted provisions of law is injudicious also. 1, therefore, set it aside, but with no order as to costs. A copy of this order be placed on the personal file of the Subordinate Judge concerned.;