1983 Supreme(MP) 834

IN THE HIGH COURT OF MADHYA PRADESH
U.N. Bhachawat, J.
Nagar Palika Sheopur - Applicant
Vs.
Rameshchandra Gupta - Non-applicant
C.R. No. 263 of 1983 (G)
Decided On : 23-06-1983

Headnote:Civil Procedure Code, 1908 – O.21, R.32 – decree for prohibitory injunction – contravention alleged by decree holder – reply filed by J.D. – enquiry should be made.

        Short Note

       This is a revision by the judgment – debtor against the order dated 3 – 3 – 83 in a case relating to the execution of a decree passed in Civil Suit No. 7 – A/78 and numbered as 7 – A/78x82.

       2. Held : The decree passed against the applicant herein was for a prohibitory injunction. The decree – holder filed the present execution alleging that the applicant – judgment – debtor has in disobedience of the decree made certain construction and, therefore, he should be kept in civil prison. The applicant – judgment – debtor resisted the application denying the allegations made by the decree – holder. It is agreed by the learned counsel for the parties that the impugned order has been passed without making an inquiry. I have been taken through the application of the decree – holder wherein contravention of the decree is averred as also the reply filed by the judgment – debtor applicant herein. Looking to this, it was very necessary for the executing Court to have made an inquiry in the allegations made of contravention of the decree by the decree holder, which admittedly has not been done.

       3. In this view of the matter, the impugned order is set aside and the case is sent back to the Executing Court with a direction that it should make a proper inquiry and then pass an appropriate order according to law. Case remanded.