( 1 ) THE trial court has passed a very shocking and surprising order on 9-12-80 on an Execution application Exhibit 17 in Special Darkhast No. 36/77 ordering the arrest of the petitioner-judgement debtor and of detaining him in Civil prison. It is difficult to find out as to on what ground this order has been passed, but one thing is clear that it has been passed completely ignoring the proviso contained in Section 51 of the Code of Civil Procedure and without coming to any finding or conclusion that any of the conditions contemplated in proviso to Section 51 of the Code of Civil Procedure are satisfied for the purpose of detaining the petitioner in civil prison.

( 2 ) IN the judgement and order, the trial court has come to the conclusion that since the judgment debtor is not in possession of any property as disclosed from the report of the bailiff, the decree holder is entitled under law to request the court to detain him in civil prison. Therefore, the trial court has allowed the application and has passed the order that judgment debtor be detained in civil prison as prayed for. Now this order appears to have been passed completely ignoring the proviso to Section 51 of the Code of Civil Procedure. Section 51 of the Code of Civil Procedure reads as under:"subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of the decree- a. by delivery of any property specifically decreed;b. by attachment and sale or by 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. . . . . . . . . . e. . . . . . . . . . PROVIDED that where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgement debtor an opportunity of showing cause why he should not be committed to prison, the court, for reasons recorded in writing, is 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, orii. 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, orb. 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, orc. that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. "explanation : In the calculation of the means of the judgment debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.

( 3 ) NOW proviso to Section 51 of the Code of Civil Procedure clearly provides as to when a person can be detained in a civil prison. As per that provision, the trial court has power to detain the judgment-debtor in civil prison. But that can be done only after giving the judgment-debtor an opportunity of showing cause as to why he should not be committed to prison, and recording reasons for the same in writing and further only after the court is satisfied that any of the conditions of proviso (a), (b), (c) are satisfied. Now in the present case, the trial court has not come to any conclusion regarding any of the conditions mentioned in proviso (a), (b), (c) to Section 51 of the Civil Procedure Code. From the order of the trial court, it is clear that no reasons are given in writing that the court is satisfied as to any of the conditions mentioned in clauses (a), (b), (c ). The trial co