KEERAN Vs. MOHANAN

JUDGEMENT

(1.) The short point is whether the execution court can order detention of a judgment debtor in the civil prison under O.21 R.32(1) of the Civil Procedure Code for failing to obey a decree for an injunction without holding that the judgment debtor has wilfully failed to obey it. The respondents filed a suit for a permanent injunction restraining the petitioner from entering the plaint schedule property. The suit was decreed. But, according to the respondents decree holders, the petitioner entered the plaint schedule property, put up a shed therein and started living there. So, the respondents filed E. P. No. 355 of 1978 before the Munsiff's Court, Kozhikode I under O.21 R.32(1), CPC for enforcing the decree by detention of the petitioner judgment debtor in civil prison. As the petitioner did not appear before the execution court he was declared ex parte on 7-11-1978. But the petitioner made an application for setting aside the ex parte and that was allowed by the execution court on 23-1-1979. Though the execution petition was posted to 21-2-1979 for filing a counter, as a matter of fact, the petitioner did not file. But, thereafter, on 9-3-1979 the petitioner filed his counter along with an application to receive the same. That application was returned by the execution court. Though another application was filed on 14-3-1979, the court dismissed all the applications filed by the petitioner and passed the impugned order for the arrest of the petitioner. The order reads:

(2.) O.21 R.32(1) of the Civil Procedure Code reads-

(3.) Before parting with this case, it is only proper that I refer to one of the decisions cited at the bar. In Ram Autar v. Kaushal Kishore (AIR 1965 All 44) it is held: