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1985 Supreme(Raj) 266

K.S.LODHA
Mukh Ram – Appellant
Versus
Hardeep Singh – Respondent


Advocates Appeared:
S.L. Jain, for Petitioners

K.S. LODHA, J.—This is a judgment debtors revision against the order of the learned Munsif, Ganganagar, dated 26.11.83 directing the detention of the judgment debtors-petitioners in civil prison for two months each for the non-payment of the decretal amount.

2. It appears that a decree for Rs. 9258/- plus interest total amounting to Rs. 10,700/- was passed by the Debt Relief Court, Sriganganagar, against the present petitioners on 19.4.79. The decretal amount was made payable in three instalments, namely, Rs. 4000/- on 9.7.79, Rs. 3000/- by 9.7.80 and the remaining amount by 9.7.81. On default of any of the instalment, the judgement debtors were to pay interest at 4% p. a. The judgment-debtors did not pay any amount towards the decree and, therefore, the decree holders applied for execution of the decree on 16.7.82, by committing the judgment-debtors to civil prison as according to the decree holder, the judgment-debtors having means to pay the decretal amount, were purposely avoiding the payment. On this, a notice under Order 21 Rule 37 C. P. C. was issued to the judgment debtors and they filed their objections. After taking the evidence of the parties, the learned Munsif came to t





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