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DWARKA DHISH BANSAL
SADKIK AKARAM – Appellant
Versus
KULDEEP – Respondent
ORDER :
1. This misc. petition has been preferred by the petitioner/defendant/judgment debtor (J.D.) challenging the order dated 21-11-2023 passed by 3rd Civil Judge Class-I, Tikamgarh in execution case No. 5A/22 whereby upon respondent/plaintiff/decree holder (D.H.)’s application under Order 21, Rule 37, Civil Procedure Code, executing Court has on the one hand directed the petitioner/J.D. to show cause why he should not be sent to civil prison and on the other hand, directed the respondent/D.H. to furnish details of the period for which he wants to send the petitioner/J.D. in civil prison.
2. Learned counsel for the petitioner/J.D. submits that although by the impugned order itself the petitioner has been asked to show cause why he should not be sent to civil prison but at the same time, executing Court has recorded finding in earlier part of same paragraph to the effect that petitioner/J.D. deserves to be sent to civil prison that too in the circumstances where respondent/D.H. himself has filed application with the contention that there is no property of the ownership of petitioner/J.D. and he has already transferred entire property in the name of his wife and sons. He further sub
Imprisonment for non-payment of debts must comply with procedural safeguards to ensure fairness and assess the debtor's ability to pay.
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
The court emphasized the need to establish an attitude of refusal on demand and the debtor's means to pay the decree or a substantial part of it.
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 must comply with procedural requirements when committing a judgment debtor to civil prison as per the Code of Civil Procedure.
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.
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