CYRIL BRITTO Vs. UNION OF INDIA

JUDGEMENT

(1.) Is S.56 of the Code of Civil Procedure which protects women from arrest or detention in execution of a money decree ultra - vires Art.14 and 15 This is the short question that arises for consideration in this appeal. The learned Single Judge having answered this question in the negative, the writ petitioner has filed the present appeal. The facts, as relevant for the decision of this case may be briefly noticed.

(2.) The appellant is a Government contractor. On March 24,1995, he filed a civil suit for the recovery of Rs. 63,250/-. On November 10, 1998, the Subordinate Judge passed an ex parte decree for the amount of Rs. 63,250/- with interest at the rate of 18%. The appellant alleged that the judgment - debtor was staying in Chennai and that she does not hold any property. Thus, it was difficult for him to execute the decree. He further alleged that it would be impossible to "have a personal execution" by virtue of S.56 of the Code of Civil Procedure. Thus, he filed a petition under Art.226 of the Constitution of India with the prayer that S.56 be declared as unconstitutional.

(3.) The matter was considered by the learned Single Judge. It was held that S.56 has been on the statute for a long time. It fell within the ambit of Art.15(3). Thus, it is not unconstitutional. The writ petition was dismissed.