540.
(P&H HC) 08-07-2021
A. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 37 -- Execution of decretal amount – Warrant of arrest -- As per the provisions of Order 21 Rule 37 CPC, show cause notice is required to be issued to the Judgment Debtors to show cause why he should not be committed to civil prison -- As per Sub-Clause 2 of Rule 37 of Order 21, it has been stipulated that where appearance is not made in obedience to the notice, the Court shall, if the Decree Holder so requires, issue a warrant for the arrest of the Judgment Debtor.
(Para 11)
B. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 37 -- Execution of decretal amount – Conditional warrant of arrest -- Show cause notice was issued and, the petitioners were both served and petitioner No.1 appeared and sought time to make payment and thereafter, stopped appearing – In case the payment is made as per the calculation sheet, then the Judgment Debtor/petitioner No.2 is not to be arrested and it is only in case the payment is not made that he has to be arrested and produced before the Court -- Thus, the procedure adopted by the Executing Court for the issuance of conditional warrant of arrest is absolutely legal and in accordance with law.
(Para 12)
C. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 30 -- Execution of decretal amount -- Simultaneous attachment of property and detention in prison – Power of -- As per the provision of Order 21 Rule 30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against the petitioners/Judgment Debtors either individually or simultaneously -- Even in a situation where the amount is partly recovered by attachment and sale, for the recovery of balance amount in any case, the detention in civil prison can be ordered.
(Para 13)