HINDUSTAN TIMES LTD Vs. ARUN KUMAR JAIN

JUDGEMENT

(1.) THE judgment debtor was served a show cause notice as to why he should not be sent to Civil Imprisonment for execution of the decree against him. In reply to show cause notice, the JD has stated that he had been doing business under accreditation of Indian Newspaper Society and had been discharging his all debts till 1994, when he suffered from meningitis which recurred later on, ultimately leading to his falling in coma for about a month. After getting well, he had been making payments of dues but could not clear all this outstanding dues as new work was denied to him. He had no bad intention not to pay his dues. His accreditation to Indian Newspaper Society was cancelled on 1. 5. 1996, after which people stopped recognizing him for work and he had to do petty jobs. In the year 2001, he developed bilateral lower limb varicocity ulcers infected eczematous dermatitis in both legs and vascular surgery had to be done for the same. He remained bed ridden for about two years. All his savings got spent on his treatment. His wife also left him and filed a divorce petition against him. The only property left in the hands of JD was Flat No. 303, Third Floor, A8/15a, rana Pratap Bagh, Delhi-7 which he had purchased in the name of his wife. However, since the property was in the name of his wife and his wife has obtained divorce from him, he was thrown out of the property. He has no source to pay the decreetal amount despite his best intentions. He fell prey to adverse circumstances and, therefore, prays that he be not sent to Civil Imprisonment.

(2.) IN AIR 1980 SC 470 Jolly George Varghese and another v. The Bank of cochin, the Hon"ble Supreme Court had considered the provisions of Section 51 of cpc and Order 21 Rule 37 and Article 21 of the Constitution of India and observed as under:

(3.) CONSIDERING the law laid down by the Hon"ble Supreme Court and the affidavit filed by the JD and that fact that no material has been placed by the decree holder to controvert the facts stated by the JD, I consider that it is not a fit case for sending the JD into civil imprisonment for execution of the decree.