K. VAIDYANATHAN Vs. R. DHANABACKIAM

JUDGEMENT

(1.) The Judgment-Debtor, who was slapped with an order to be arrested and detained in Civil Prison, is before this Court.

(2.) The Petitioner herein suffered a money Decree in O.S. No. 96 of 2005 filed by the Respondent, on 21.9.2007. Thereafter, the Respondent filed an Execution Petition. Since the Petitioner failed and neglected to pay the Decree amount, in the Execution Petition, the Respondent sought for arrest of the Petitioner in Civil Prison for non-payment of Decree amount. After contest, finding that the Petitioner has got means, the Execution Court has passed an Order to arrest the Petitioner to be detained in Civil Prison. The said Order is being challenged before this Court.

(3.) Heard Mr. P. Gopalan, learned Counsel appearing for the Petitioner, who would argue that though sufficient safeguards have been provided under Order 21, Rule 37 of Civil Procedure Code, the procedures contemplated under those provisions, have not been complied with. He would particularly point out that Notice has to be issued necessarily before passing an Order to arrest the Judgment-debtor as per Order 21, Rule 37 of Civil Procedure Code. He would further submit that under Sec. 51 of C.P.C. the Execution Court is duty bound to give a finding that only on the particular circumstance namely, the Judgment-Debtor is trying to alienate the property or flee away from the jurisdiction, the Order of arrest can be passed.