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PRANAY VERMA
Jeevan Singh S/o Chandar Singh – Appellant
Versus
Jagdish S/o Shivcharan Mewada – Respondent
ORDER :
This petition under Article 227 of the Constituting of India has been preferred by the petitioner/judgment-debtor being aggrieved by the order dated 8-9-2023 passed by the First Civil Judge, Senior Division, District Shajapur in execution Case No. B-8/2015, whereby an application under Order 21, Rule 37 of the Civil Procedure Code preferred by the respondent/decree holder has been allowed and he has been directed to be sent to civil prison.
2. The facts in brief are that the decree holder instituted Civil Suit No. 04B/2014 against the judgment-debtor for recovery of a sum of Rs.1,03,000/-. By judgment and decree dated 12-12-2014 the same was decreed by the trial Court and the judgment-debtor was directed to pay a sum of Rs. 1,03,000/- to decree holder along with interest at 6% per annum from the date of institution of the suit. The judgment-debtor failed to do so hence the decree holder instituted proceedings before the executing Court for execution of the aforesaid decree.
3. In the execution proceedings, a warrant of attachment was issued in respect of the immovable properties of the judgment-debtor. When the warrant was tried to be executed, wife of the judgment-debtor caus
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
Imprisonment for non-payment of debts must comply with procedural safeguards to ensure fairness and assess the debtor's ability 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.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Decree Holder has sought for issuance of show cause notice under Order XXI Rule 37 to Judgment Debtor calling upon him to appear before the court and show cause why he should not be committed to the ....
Judicial authority must follow mandatory procedures in executing arrest, including notice and inquiries into the judgment-debtor's means of payment.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
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