LAXMI LAL Vs. SANDEEP KUMAR

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner.

(2.) THIS writ petition is directed against the order dated 04.08.2011 whereby the learned Executing Court has rejected the application of the judgment -debtor under Section 55 of the Code of Civil Procedure, which permits an arrested person in execution under Order 21 Rule 38 Code of Civil Procedure to move to Court to be discharged upon he either applying to be declared an insolvent or after furnishing the solvent security expressed his intention to apply to the competent court for being declared as insolvent.

(3.) HAVING heard learned Counsel for the Petitioner and upon perusal of provisions of Section 55 and judgment cited at bar and for the reasons given in the impugned order, this Court is satisfied that No. interference is called for in the impugned order dated 04.08.2011. Learned court below has clearly recorded in the previous order dated 29.10.2010 by which the court already came to the conclusion that the judgment -debtor had sufficient means to satisfy the decree, and therefore, he is not entitled to invoke said Section 55 of the Code of Civil Procedure. Section 55(3) clearly stipulates that where a judgment -debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he (may be discharged) if he has not committed any act of bad faith regarding the subject of the application.