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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Pinky – Appellant
Versus
Amar Chand – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
Despite service, as none has put in appearance on behalf of the respondent, accordingly, he is ordered to be proceeded against ex parte.
2. By way of this petition, the petitioner has prayed for the following reliefs:-
“It is therefore, most humbly and respectfully prayed that the present petition may be very kindly be allowed and impugned order dated 10/11/2022 i.e Annexure P-3 passed in Execution Petition no. 11/2021 bearing CNR No. HPSH090000142-2021 titled as Amar Chand vs Pinky pending before the Ld. Senior Civil Judge Court No. 1 Rohru, Distt. Shimla, HP and the execution petition being not maintainable may very be quashed and set aside, with further direction to restore the stay application to its number and position, in the interest of justice, equity and fair play.”
3. The petitioner is aggrieved by the order that has been passed by learned Senior Civil Judge, Court No. 1, Rohru, District Shimla, H.P. dated 10.11.2022, in terms whereof, warrant of arrest has been issued against the present petitioner, who is the judgment debtor before the learned Court below.
4. Learned Counsel for the petitioner has submitted that the order under challenge is perv
A court cannot issue a warrant of arrest against a woman in execution of a money decree as per Section 56 of the Civil Procedure Code.
Section 56 of the Code of Civil Procedure prohibits the arrest or detention of women in execution of a decree for money.
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
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.
Under Order XXI Rule 29 CPC, stay of execution pending judgment debtor's suit is discretionary, not mandatory; belated fraud suit after failed prior challenges and decade-long execution does not enti....
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.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
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