SANJAY K. AGRAWAL, J.

1. The petitioner herein is a judgment-debtor before the trial Court as he has suffered an award passed by Motor Accident Claims Tribunal. By the impugned order dated 20.11.2015, the said Court (M.A.C.T.), the trial Court has allowed the application for sending the petitioner/judgment debtor to civil jail as provided under Order 21, Rule 37 read with Rule 40 of the Code of Civil Procedure.

2. Feeling aggrieved & dissatisfied with the order sending the petitioner/judgment-debtor to Civil Jail, instant writ petition under Article 227 of the Constitution of India has been filed. Since both the writ petitions involved common questions of law & facts, they are being disposed of by this common order.

3. Mr. Amit Sharma, learned counsel appearing for the petitioner/judgment debtor would submit that remedy of execution by arrest and detention being extraordinary remedy, it could not have been granted by the trial Court/M.A.C.T. without holding the enquiry as contemplated under Order 21, Rule 10 CPC and, therefore, impugned order is liable to be set aside.

4. On the other hand, Mr. H.S. Patel, learned counsel appearing for the respondents/decree holder would submit that the petitioner has attitude of not paying the award amount and has also filed a suit for declaring him insolvent, therefore, the decree holders have no option except to proceed under Order 21, Rule 37 of the CPC.

5. I have heard learned counsel appearing for the parties at length and considered their rival submissions made therein with utmost circumspection.

6. Section 51 of the Code of Civil Procedure deals with the powers of Court to enforce execution. One of the mode for enforcement of the execution under clause (c) of Section 51 is by arrest and detention in prison for such period not exceeding the period specified in Section 58, where arrest and detention is permissible under this section. Before the Court passes an order for detention the Court passes an order for detention the Court has to satisfy the conditions of the proviso to Section 51 which reads thus:

"51. Power of Court to enforce execution.- Subject of such conditions and limitations as may be prescribed, the Court may, on the application of the decree- holder, order execution of the decree-holder 4

(a) by delivery of any property specifically decreed;

(b) by attachment and sale or by the sale without attachment of any property;

(c) by arrest and detention in prison [for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section];

(d) by appointing a receiver; or

(e) in such other manner as the nature of the relief granted may require;

Provided that where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, as satisfied -

(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,-

(i) is likely to abscond, or leave the local limits of the jurisdiction of the Court, or

(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or

(b) that the judgment debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or

(c) that the decree is for a sum for which the judgment-debtor was bound in fiduciary capacity to account."

7. Order 21 of the Code of Civil Procedure deals with execution of decrees and orders. Arrest and detention in the Civil Prison is deal with from Rule 37 to 40 of Order 21. Order 21, Rule 37 speaks of discretionary power to permit judgment-debtor to show cause against detention i