Civil Procedure Code, 1908 – Section 104(1)(h) – Order 43 Rule 1 – Execution – Warrant of arrest – Appealable orders – The appellant challenged an order issued by the District Court of Mandi, H.P., in a review petition related to an execution proceeding initiated by the respondent bank. The decree holder had obtained a decree against the appellant, leading to the execution petition and subsequent issuance of an arrest warrant by the executing court.
The appellant appealed against the arrest warrant under Order 43 Rule 1 of the CPC, which was initially allowed by the appellate court. However, the decree holder filed a review petition, seeking reconsideration of the appellate order, which was subsequently allowed, recalling the earlier order. The appellant contested the review order through the present appeal.
The court, upon examination, found no infirmity in the review order. It highlighted the appellant’s erroneous appeal under Section 104(1)(h) of the CPC, emphasizing that orders related to arrest or detention in the execution of a decree are not appealable. The court noted the correction made by the appellate court in the review petition, citing statutory provisions and precedent. Consequently, the court dismissed the appeal, finding it devoid of merit. (Para 5)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 341 HP
[-]
Dev Kumar Saini Vs. State Bank Of Patiala & Ors.
FAO No. 152 of 2022-Decided on 22-11-2023
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