06. In the present case, a notice was ordered under Rule 37 of Order XXI of the Code. As the petitioner/ Judgment Debtor did not appear before the Court in obedience to the notice issued under Rule 37 of Order XXI of the Code, a warrant of arrest was issued for realization of the amount, by arrest of the petitioner/ Judgment Debtor and even after he produced before the Court after arrest, the executing court is under obligation to hear the Decree Holder and take all such evidence as may be produced by him in support of his application for execution, and shall then afford an opportunity to the Judgment Debtor to show cause why he should not be committed to the civil prison. But this part of procedure was not complied with, which is mandatory. However, executing court followed the procedure provided under SubRule (2) of Rule 40 of Order XXI of the Code for releasing the petitioner/ Judgment Debtor after obtaining personal bond for Rs.1,98,000/-. Even at this stage, the Decree Holder is required to adduce evidence in support of his application for execution and the petitioner/ Judgment Debtor is also entitled to adduce any evidence in support of his contention as to means to discharge the decree debt.
