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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL
Panna Lal – Appellant
Versus
Chhinder Singh – Respondent
JUDGMENT :
Anil Kshetarpal, J. (Oral)
1. The Executing Court has ordered civil imprisonment to the petitioner on account of his failure to honour the decree for recovery of amount.
2. Learned counsel representing the petitioner submits that the judgment debtor submitted before the Executing Court that he is an insolvent and has no means to pay the decretal amount. He relies upon the judgment passed in Jolly George Varghese and another vs. The Bank of Cochin AIR 1980 SC 470.
3. Per contra, the learned counsel representing the respondent submits that the judgment debtor is required to be sent to the civil imprisonment once he owns a property, however, he claims exemption under Section 60(1)(ccc) of the Code of Civil Procedure, 1908. From a reading of the impugned order, it is evident that the Executing Court has not adverted to the aforesaid aspect of the matter. Hence, the same is set aside while directing the Executing Court to pass a fresh order.
4. The revision petition stands allowed.
5. All the pending miscellaneous applications, if any, are also disposed of.
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.
The court clarified that mere default in paying a decree is insufficient for incarceration; evidence of bad faith and refusal to pay despite having means is required.
The judgment emphasized the requirement of evidence to establish the judgment-debtor's means to discharge the decree amount and highlighted the need to prove an attitude of refusal to pay, beyond mer....
Civil imprisonment for non-payment of debts requires proof of intentional evasion despite sufficient resources, aligning with Article 21's principles of fairness and human dignity.
Detention of judgment debtors in civil execution is permissible only when all alternative recovery methods are deemed unavailable.
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