Back
VENKATESWARLU NIMMAGADDA
Bellana Sarveswara Rao – Appellant
Versus
Mulamandala Tulasi – Respondent
ORDER :
(Venkateswarlu Nimmagadda, J.) :
1. The Civil Revision Petition is filed aggrieved by the Order dated 11.03.2024 passed in E.P.No.19 of 2023 in O.S.No.165 of 2021 on the file of court of Principal Junior Civil Judge, Bobbili, by issuing warrant against the petitioner herein under Order XXI Rules 37, 38 and Section 55 of the Code of Civil Procedure(CPC), 1908.
2. To refer the parties herein for discussion, the petitioner herein is the defendant in the suit and Respondent herein is the plaintiff in the suit.
3. The brief averments of the plaint are that the defendant is in need of money for family expenses, approached the plaintiff and borrowed an amount of Rs.6,00,000/- from the plaintiff on 10.04.2020 and executed a suit promissory note in favour of the plaintiff on an even day and agreed to repay the same with interest 24% per annum to the plaintiff or his order on demand. Subsequently, the defendant did not pay any amount towards the discharge of the suit promissory note debt. The plaintiff demanded the defendant so many times in person and through elders, to pay the said promissory note debt, while admitting his liability has been postponing the repayment on one pretext or
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
The burden lies on the decree-holder to prove that the judgment-debtor has the means to pay the decretal amount and is willfully evading payment, following the procedures laid out in the CPC.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
The issuance of an arrest warrant against a judgment debtor must follow due process, including a proper application stating grounds for arrest, as mandated by relevant CPC provisions.
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
Provisions under Section 51 C.P.C. read with Rule 37 of Order and (sic. are) concerned in the interest of the protection of the liberty and freedom of the J. Dr. which the Code considers to be of par....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
