PREM SAGAR GABHEL Vs. AMRITA BAI & ANOTHER

JUDGEMENT

(1.) The petitioner herein is a judgment-debtor before the trial Court as he has suffered an award passed by Motor Accident Claims Tribunal. By the impugned order dated 20.11.2015, the said Court (M.A.C.T.), the trial Court has allowed the application for sending the petitioner/judgment debtor to civil jail as provided under Order 21, Rule 37 read with Rule 40 of the Code of Civil Procedure.

(2.) Feeling aggrieved and dissatisfied with the order sending the petitioner/judgment-debtor to Civil Jail, instant writ petition under Art. 227 of the Constitution of India has been filed. Since both the writ petitions involved common questions of law and facts, they are being disposed of by this common order.

(3.) Mr. Amit Sharma, learned counsel appearing for the petitioner/judgment debtor would submit that remedy of execution by arrest and detention being extraordinary remedy, it could not have been granted by the trial Court/M.A.C.T. without holding the enquiry as contemplated under Order 21, Rule 10 Civil Procedure Code and, therefore, impugned order is liable to be set aside.