JUDGMENT :

The execution court instead of proceeding against the property, which is under attachment, initiated coercive steps against the judgment-debtor by issuing warrant of arrest under Rule 38 of Order XXI C.P.C.. Consequently, the judgment-debtor was arrested and produced before the court and subsequently released on bond due to non-payment of subsistence allowance. The principal question came up for consideration is, whether it is permissible to take coercive steps under Rule 37 and 38 of Order XXI C.P.C. by issuing warrant of arrest against the judgment-debtor for his detention in civil prison, when his property is under attachment either at the trial stage or at the execution stage ? Can the court issue warrant of arrest at the execution stage to procure the presence of judgment-debtor in execution and under what circumstances such coercive steps can be initiated ?

2. At the execution of money decree, a warrant of arrest can be issued under Rule 38 of Order XXI C.P.C. only when it is found that it is not possible to recover the decree amount or any part thereof by resorting to other methods of execution under Order XXI C.P.C.. The measures/methods of execution which can be a