RAJENDRAN R. Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) A decree for recovery of money was put in execution, wherein the judgment-debtor sought protection against issuance of warrant of arrest on the ground of 'no means'. It was rejected by the trial court and consequently, issued warrant of arrest under Rule 38 of Order XXI C.P.C.. It is against the said order, the judgment-debtor came up in C.R.P.No.211/2021.

(2.) C.R.P.No.418 of 2019 is against the order passed on an application submitted under Order XXI Rule 41 C.P.C. by the decree holder for executing the decree by arrest and detention of the judgment-debtor. It was allowed by the trial court by issuing arrest warrant.

(3.) The principle of 'no means' in fact is the derivative effective of clause (b) attached to the proviso to Sec. 51 C.P.C.. It is by virtue of the said proviso, certain exceptions were carved out against the execution of the decree for money by arrest and detention of judgment-debtor in prison. A mandate of issuance of show cause notice to the judgment-debtor why he should not be committed to prison is incorporated under the proviso as a condition precedent so as to execute the decree for money by issuance of warrant of arrest against the judgment-debtor with the grounds under which exemption from arrest can be granted and enumerated in clauses (a) to (c) attached to the proviso to Sec. 51 C.P.C., wherein clause (b) says that :