KANHAIYA LAL Vs. MAHAVIR PRASAD JAIN

JUDGEMENT

(1.) This is a judgment-debtor's appeal arising out of execution proceedings.

(2.) A decree was obtained by Mahabir Prasad Jain for Rs. 1,993 and odd and this decree was put into execution by the arrest and detention of the judgment-debtor. The execution application was supported by an affidavit stating that the judgment-debtor was not an agriculturist and he was capable of paying the decretal amount but was deliberately refusing or neglecting to pay this amount in order to harass the decree-holder. Notice under Order 21, Rule 37, C. P. C. was issued to the judgment-debtor, who appeared pursuant to that notice, and opposed the application. Proceedings were, therefore, taken under Order 21, Rule 40 of the Code. The decree-holder led evidence in support of his application and thereafter the judgment-debtor produced evidence in rebuttal.

(3.) The executing Court accepted the ease of the decree-holder; and passed an order allowing the execution application by arrest and detention of the Judgment-debtor. An appeal filed by the judgment-debtor was dismissed.