ASHOK KUMAR Vs. SOCIAL MUTUAL BENEFITS COMPANY LTD

JUDGEMENT

(1.) Challenge herein is to the order Annexure P-2, passed in an application registered as CMA No. 209/6 of 2010 filed in Execution Petition No.22/10 of 2009/08 by learned Civil Judge (Senior Division) Court No.1, Paonta Sahib whereby the application has been allowed and the petitioner, hereinafter referred to as the judgment debtor has been ordered to be detained in civil imprisonment for two months.

(2.) The legality and validity of the impugned order has been questioned in this petition on several grounds, however, mainly that the same is contrary to the provisions contained under Order 21 Rule 37 and also Section 51 of the Code of Civil Procedure.

(3.) Mr. Vishal Bindra, Advocate learned counsel representing the petitioner has urged that no doubt the order qua detention of the judgment debtor, if he fails to satisfy the decree, can always be passed under Order 21 Rule 37 of the Code of Civil Procedure, however, such power is controlled by the proviso to Section 51 of the Code of Civil Procedure and on finding that the petitioner despite having sufficient movable or immovable property and even was a man of means, failed to satisfy the decree.