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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Parampreet Singh – Appellant
Versus
Harkamal Singh – Respondent
| Table of Content |
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| 1. execution procedure review (Para 1 , 3) |
JUDGMENT :
MANDEEP PANNU, J.
1. The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the impugned orders dated 18.03.2025 and 09.09.2025 passed by the learned Executing Court, Ludhiana. Vide order dated 18.03.2025, the Executing Court allowed the applications filed by the decree- holder under Order 21 Rule 37 CPC read with Sections 51 and 55 CPC and under Order 21 Rule 39 CPC , directing the decree-holder to deposit subsistence allowance and issuing conditional warrants of arrest against the judgment-debtor. Subsequently, vide order dated 09.09.2025, the Executing Court dismissed the review petition filed by the judgment-debtor against the earlier order.
2. The brief facts are that a money decree in the sum of Rs.2,36,000 was passed ex parte on 19.10.2015 against the present petitioner. The decree-holder filed an execution petition for realization of the decretal amount. During the pendency of the execution, the decree-holder moved two applications: one under Section 51 read with Section 55 and Order 21 Rule 37CPC seeking arrest and detention of the judgment-debtor in civ
Judicial authority must follow mandatory procedures in executing arrest, including notice and inquiries into the judgment-debtor's means of payment.
The main legal point established is that the provisions of Order 21 Rule 37 of the CPC can only be invoked when there is an application for the execution of a decree for the payment of money.
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
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