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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Surinder Gadara – Appellant
Versus
Din Dayal Tayal – Respondent
JUDGMENT :
Nidhi Gupta, J.
The present Civil Revision Petition has been filed by the Judgment Debtor under Article 227 of Constitution of India for setting aside the order dated 10.02.2025 (Annexure P-5) passed by the learned Additional Civil Judge, Senior Division, Abohar whereby the objections filed by the petitioner have been dismissed and conditional warrants of arrest are issued by the learned Executing Court against the petitioner.
2. Learned counsel for the petitioner inter alia submits that the petitioner is an indigent person. He has no movable or immovable assets. As such, he is unable to pay the decretal amount. It is submitted that even an offer was made by the petitioner before the learned Executing Court that as and when he has the funds available, he shall duly make payment of decretal amount. The petitioner has no means to pay the execution amount nor he has transferred any property after initiation of the suit in which decree has been passed. The Decree Holder has also not produced any document or proof to show that the petitioner is able to satisfy the decree. Even no evidence has been produced by the Decree Holder which proves that the petitioner has sufficient mean
Issuance of warrants of arrest against a judgment-debtor requires proof of financial means to pay and intent to evade payment, absent which warrants are unlawful.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
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.
Civil imprisonment for non-payment of decrees requires evidence of the debtor's financial capacity; failure of the creditor to prove asset ownership negates execution orders.
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