DHARMAVEER MOOLCHAND AGARWAL Vs. LALA NARAYANDAS AGARWAL

JUDGEMENT

(1.) THIS Civil Revision under section 115 of the Code of Civil Procedure (hereinafter referred to as the 'code'), has been directed by the judgment-debtor No. 2 against the order dated 3-1-1984 passed by the IInd Civil Judge, Class II, Seoni in execution case No. 27-A/80.

(2.) IN a suit between the parties a money decree of Rs. 840/- was passed in favour of non-applicant No. 1 and against the applicant. The decree-holder non-applicant No. 1 proceeded with the execution of that decree for recovery of Rs. 840/ -. The decree-holder non-applicant No. 1 applied under Order 21. Rule 46 of the Code, for attachment of arrears of rent due from the two tenants namely Ashiram and Ratanlal, who are occupying certain premises of the applicant and also for a direction prohibiting the tenants of the applicant from making payment of future rents to the judgment-debtor/applicant and to deposit the same in the executing Court. The tenants filed their replies to the said application stating that they were not in any arrears of rent payable to the applicant. The executing Court allowed the said application by issuing a writ of attachment of rent with a direction to deposit the same in the Court. It is against this order that the judgment-debtor applicant has preferred this revision.

(3.) THE only point for consideration in this revision is whether future rent payable by the tenant to the judgment-debtor can be attached under Order 21, Rule 46'of the code. Sub-rule (1) of Rule 46 provides that the attachment shall be made by a written order prohibiting in the case of debt, the creditor from recovering the debt and the debtor from making payment thereof until further orders of the Court. The first question, therefore, arises as to what is a debt'. In its ordinary as well as its legal sense 'debt' is the sum of money payable under the existing obligation. It may be solvendum in praesenti that is to say, payable forthwith and in that case the debt is said to be 'due' or it may be solvendum future, that is to say, payable at a future date and in that case it would be a debt 'accruing'. In both cases it is a debt. But a contingent debt which has no present existence because it is payable only on the happening of a contingency that may not happen at all. The money which may or may not become due or the payment of which is dependent on the happening of an event which may not necessarily happen could not be called a 'debt'.