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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Gurkirpal Singh – Appellant
Versus
Ritu (Since Deceased) through her Legal Representatives – Respondent
| Table of Content |
|---|
| 1. details of case background and execution process. (Para 2) |
| 2. arguments against issuance of arrest warrants. (Para 3) |
| 3. court's reasoning on unjustified issuance of arrest warrants. (Para 4 , 5 , 6 , 8) |
| 4. supreme court precedent on judgment-debtor's financial incapacity. (Para 7) |
| 5. order allowing revision petition and setting aside previous orders. (Para 9 , 10 , 11) |
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. Prayer in the present Civil Revision Petition filed under Article 227 of the Constitution of India is for setting aside the impugned orders dated 31.07.2025 (Annexure P-8) and 14.08.2025 (Annexure P-9), passed by the learned Executing Court in Execution Application No. 473 dated 01.05.2024, which is now pending for 30.08.2025, whereby the learned Executing Court has issued conditional warrants of arrest against the petitioner.
2. Brief facts of the case are that respondent-plaintiff Ritu (since deceased) had filed a suit for recovery of Rs. 5,00,000/-, comprising Rs. 3,45,000/- as principal amount towards arrears of rent/mesne profits at the rate of Rs. 15,000/- per month, along with Rs. 1,05,000/- as interest calculated at the rate of 12% per annum from June 2016
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 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.
Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.
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.
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.
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