In 1982, I had just joined Bar. A case filed by Bank against my father was going on since years. My father had signed as guarantor in a Bank Loan. The main debtor had fled from Junagadh many years ago and was living happily in Mumbai.
I saw a provision in CPC that if Defendant leaves District or is about to leave District, Court can issue warrant against him and can ask him to give security for suit amount or to sit in jail.
I suggest my father that we can apply under this provision. Father said nothing doing unless a senior lawyer engaged by him says yes.
I met his senior lawyer. He agreed and asked me to make application myself and argue it myself.
I filed application. Next day Judge issued bailable warrant against absconding Debtor who was living in Mumbai.
But at 2.00 pm in Lunch hour, the Judge called Senior Lawyer in his chamber and asked whether he had done right thing in issuing bailable warrant in a civil suit? Senior lawyer reassured him and said yes it is rightly done, there is such a provision in CPC though few lawyers use this provision.
After warrant was served, the absconding Debtor came to Junagadh from Mumbai. He settled dues of Bank. Next day, Bank withdrew case against my father.
Moral: There are many provisions in CPC about which many lawayers are not aware and they do not use these provisions. So read relevant law yourself. Do not go by what generally other Lawyers may be doing.
Haresh Raichura 10/2/17
