MAKHAN LAL Vs. RAJIV KUMAR

JUDGEMENT

(1.) This revision petition has been filed against the order dtd. 24/7/2025, whereby the revisionist has been ordered to undergo civil imprisonment for recovery of the decreetal amount awarded vide decree under execution. The relevant part i.e. para No.5 of the impugned order reads as under:-

(2.) Perusal of the aforesaid relevant portion of the impugned order clearly shows that the learned Executing Court has no where recorded a finding that the revisionist is possessed of sufficient means and is intentionally avoiding to pay the decreetal amount. Unless and until, it is found that the JD inspite of having been in possession of sufficient means is not intentionally paying the decreetal amount, arrest warrant cannot be issued and he cannot be put behind bars due to his poverty, as has been held by Hon'ble Apex Court in "Jolly George Varghese vs. Bank of Cochin, 1980(2), SC 360". In the light of aforesaid observation, the revision petition is allowed and the impugned order is set aside.

(3.) However, observations made herein above may not to be construed as opinion on the merits of the case. Same are purely confined to the present controversy and deliberations.