The issuance of conditional warrants for execution of a monetary decree must comply with statutory protections under Sections 51 and 60 of the CPC, ensuring judgment-debtors are not unjustly detained.

JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present revision petition is filed for setting aside order dated 17.05.2025 (Annexure P-4) passed by Learned Additional Civil Judge, Senior Division, Abohar, District Fazilka vide which, conditional warrants have been issued against the petitioner in a Civil Suit filed by the respondent for recovery of money from the petitioner, which was decreed in favour of the respondent.

2. Learned counsel for the petitioner contends that without invoking the provisions of Sections 51 & 60, Code of Civil Procedure, 1908, Learned Additional Civil Judge, Senior Division, Abohar has passed the impugned order dated 17.05.2025 whereby conditional warrants have been issued against the petitioner for 03.07.2025. He further contends that on 03.07.2025, again fresh conditional warrants were issued against the petitioner for 05.08.2025. He, therefore, prays that the land of the petitioner which is mortgaged with the respondent-Bank may be put to auction for recovery of the amount due to the respondent-Bank.

3. I have heard learned counsel for the petitioner and perused the whole file of the case with his able assistance.

4. A perusal of the record shows that undisputedly respondent filed suit for recovery of Rs.6,24,590/- against the petitioner which was decreed in its favour and the execution was filed by the respondent on 01.04.2022. Thereafter, sale warrants were issued but the same could not be executed. An application under Order 21 Rule 37 CPC was moved. Notice was issued to the petitioner and arrest warrants of imprisonment were issued. Thereafter, reply to application under Order 21 Rule 37 CPC was filed and the matter was adjourned. Vide order dated 21.08.2024, application under Order 21 Rule 37 CPC was disposed of by holding that perusal of previous orders reveals that earlier sale warrants were also issued but could not be executed. In view of circumstances of the case and reply of Judgment- Debtor, the application was disposed of. Thereafter, sale warrants qua sale of attached property of Judgment-Debtor was issued. On 06.11.2024, counsel for the parties stated at Bar that there are chances of compromise between the parties and the appeal was put before the National Lok Adalat to be held on 14.12.2024. On 14.12.2024, compromise could not be effected before the National Lok Adalat. Thereafter, in all the orders, it is stated that there are chances of compromise and let the matter be sent to National Lok Adalat, to be held on 10.05.2025. Vide impugned order dated 17.05.2025, conditional warrants against the Judgment-Debtor were issued for 03.07.2025. On 03.07.2025, fresh conditional warrants were issued against the petitioner for 05.08.2025.

5. Section 51 of Code of Civil Procedure, 1908 reads about powers of Court to enforce execution. Same is reproduced as under:

“51. Powers of Court to enforce execution.—Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree—

(a) by delivery of any property specifically decreed;

(b) by attachment and sale or by the sale without attachment of any property;

(c) by arrest and detention in prison [for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section];

(d) by appointing a receiver;

(e) in such other manner as the nature of the relief granted may require:

Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writ