MOHINDER SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 07.05.2019 passed by the Executing Court/Additional Civil Judge (Senior Division) Khanna vide which arrest warrants have been issued against the petitioner. Petitioner has also assailed the order dated 17.08.2019 passed by the same Court vide which prayer for recalling the arrest warrants was also dismissed.

(2.) Brief facts are that the judgment debtor/petitioner has been proceeded against ex parte even before the executing Court after due service in the notice under Order 21 Rule 37 CPC. The decree holder has also filed an affidavit to the effect that the petitioner is intentionally evading the process of the Court just to throttle the execution proceedings and despite having means to pay the amount in question, petitioner/ judgment debtor has not filed any reply to the notice to show cause as to why he be not sent to civil imprisonment.

(3.) The decree holder has placed on record his affidavit in support of inquiry under Order 21 Rule 40 CPC. According to the aforesaid provision, the Court in its discretion may order the judgment debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. Sub- Rule 3 of Rule 40 of Order 21 CPC also prescribes that after the conclusion of enquiry under Sub-Rule 1, the executing Court may, subject to the provisions of Section 51 CPC and to the other provisions of this Code, make an order of detention of the judgment debtor in the civil imprisonment and shall in that event cause him to be arrested, if he is not already under arrest. In order to give the judgment debtor, an opportunity to satisfy the decree, the Court may before making the order of detention leave the judgment debtor in the custody of an officer of the Court for a specified period not exceeding 15 days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period, if the decree is not satisfied. The judgment debtor so released under this Rule may be re-arrested also. When the Court does not make an order of detention under Sub-Rule 3, it shall disallow the application and, if the judgment debtor is under arrest, he can be directed to be released.