Raj Kumar Singla vs The National Fertilizers Ltd. and Ann.

J.V. Gupta, ACJ

This revision petition is directed against the order of the executing Court dated January 8,1988, whereby warrants were issued against the judgment-debtors including the petitioner Raj Kumar Singla in execution of a money decree passed in favour of the National Fertilizers.

The learned counsel for the petitioner submitted that no application as contemplated under Order XXI rule 11 -A Code of civil Procedure, (hereinafter called the Code), was ever filed by the decree-holder against the petitioner Raj Kumar Singla though such an application was filed against the other judgment-debtor Dev Raj only. Thus, argued the learned counsel, in the absence of any such application, no orders of arrest could be passed.

After hearing the learned counsel for the parties, I find merit in this contention. Since no application as contemplated under Order XXI Rule 11 -A of the Code was filed against Raj Kumar, petitioner, no warrants for his arrest could be issued.

Consequently, the impugned order with respect to Raj Kumar, Petitioner, is set aside. As and when any such application is filed, the same will be disposed of in accordance with law.