BAL KRISHAN SHARMA Vs. BALDEV SINGH

JUDGEMENT

(1.) The decree holder has filed this revision petition under Article 227 of the Constitution of India for modification of order dated 10.11.2009 whereby Executing Court on account of having sent the judgment debtor to civil imprisonment for one month (30 days) for the recovery of decretal amount had discharged the judgment debtor and released the property without payment or discharge of the decree in favour of the decree holder.

(2.) Briefly the facts as narrated in the petition are that the petitioner- plaintiff filed a suit for recovery of Rs. 46096/- (Rs. 34,400/- as principal and Rs. 11696/- as interest calculated at the rate of 2% per month) against the respondent-defendant on the ground that defendant borrowed a sum of Rs. 34,400/- on executing pronote and receipt dated 25.4.2003 in presence of witnesses. The suit was decreed in favour of the petitioner vide judgment and decree dated 12.8.2006. Thereafter, since the respondent had not paid the decretal amount to the petitioner, petitioner filed execution petition against the judgment debtor in the Executing Court . The Executing Court sent the judgment debtor in civil imprisonment for one month (30 days) and released the property of the judgment debtor already attached vide impugned order dated 10.11.2009. Hence the present revision petition.

(3.) Learned counsel for the petitioner submitted that even though the judgment debtor was imprisoned for not complying with the decree for payment of decretal amount and sent to civil imprisonment, the same would not discharge the judgment debtor of his obligation to pay the debt under the decree.