BANWARI LAL Vs. HARI RAM

JUDGEMENT

(1.) The present revision petition filed under Article 227 of the Constitution of India read with Section 115 CPC is for setting aside orders dated 19.08.2009 (Annexure P-3) and dated 03.10.2009 (Annexure P-5) passed by the Court of learned Additional Civil Judge (Senior Division), Loharu, Distt. Bhiwani, whereby the execution filed by the petitioner has been ordered to be dismissed being fully satisfied on account of civil imprisonment of Hari Ram (since deceased) on account of non-payment of the decretal amount.

(2.) Heard, since the decree was passed against Hari Ram who is no more alive, therefore, no process could be issued against him for his arrest. However, if he would have been alive, even then, he having already undergone civil imprisonment, no warrants could be issued for his re-arrest.

(3.) The trial court appears to have taken wrong view of the matter that once the judgment-debtor had undergone civil imprisonment then the decree would stand satisfied under Section 58(2) CPC.