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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Baldev Singh – Appellant
Versus
State Bank of India – Respondent
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 undisputedl
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....
Conditional arrest warrants require compliance with Section 51 CPC, necessitating judicial satisfaction on the judgment-debtor's means and intentions before execution.
Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
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.
An execution court is obligated to sell only such portion of the property as is necessary to satisfy the decree, and selling the entire property without examining this aspect is illegal and without j....
The discretion of the Court to refuse simultaneous execution against the person and property of the judgment-debtor under Order 21 Rule 21 CPC was properly exercised, and the lack of satisfactory rea....
Detention of judgment debtors in civil execution is permissible only when all alternative recovery methods are deemed unavailable.
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