CH HARPAL SINGH Vs. LALA HIRA LAL

JUDGEMENT

(1.) THIS is an appeal by the judgment-debtor against the order rejecting his objection to the decree-holder's application for execution of the decree by his arrest.

(2.) THE decree-holder applied on 29-11-1950 for the execution of his decree for over Rs. 6,000/-by the arrest of the judgment-debtor, mentioning in the application that he had already realised Rs. 1,574/6/ -. On this application notice was ordered to be issued to the judgment-debtor. When the judgment-debtor appeared in court, he put in an application stating various reasons why he should not be arrested in execution of the decree. He was examined on his behalf and stated on oath that he had no intention not to pay the decree-holder. He was cross-examined by the decree-holder and it came out during cross-examination that he had sold certain property to the co-operative societies under two sale deeds, one for Rs. 2500/- and another for Rs. 4,000/and that out of this amount, which the got for the sale of the property, he did not pay anything to the decree-holder whose decree was without interest. Thereafter, the learned Civil Judge ordered his arrest holding that it appeared from his not paying a single shell to the decree-holder out of the sale-consideration realised by him that he had made wilful default in payment of the decretal money.

(3.) IT has been urged for the appellant that this order is bad in law in view of the provisions of section 51, C. P. C. , and in view of no opportunity being given to the judgment-debtor to explain how he had utilised the sale consideration he had received. We agree with the contention for the appellant.