Jeevan Singh vs Jagdish
2023 Latest Caselaw 21664 MP

Madhya Pradesh High Court

Jeevan Singh vs Jagdish on 18 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       MP No. 7406 of 2023
                                                        (JEEVAN SINGH Vs JAGDISH)

                           Dated : 18-12-2023
                                 Shri Akash Rathi, learned counsel for the petitioner.

                                 Heard on admission and interim relief.
                                 The petitioner is a judgment debtor. Against him, a money decree has
                           been passed. The judgment debtor filed an application for execution of money
                           decree by arresting the petitioner/judgment debtor under Order 21 Rule 37 of
                           CPC. A show cause notice was issued to the petitioner and the petitioner filed

                           reply to the show cause and submitted that the petitioner is a below poverty line
                           person and he is not in a position to pay the decretal amount.
                                 It is argued that the Executing Court has committed an error by not
                           holding an enquiry in regard to the capacity of the petitioner to pay the decretal
                           amount. It is submitted that an enquiry under Order 21 Rule 40 of CPC has to
                           be conducted subject to provisions of Section 51 of CPC. Without conducting
                           any enquiry in regard to capacity of payment of the petitioner to the decretal
                           amount, by the impugned order, warrant of arrest for civil imprisonment has
                           been issued. In support of his submission, he has placed reliance on the

                           judgment passed by High Court of Ernakulam in OP (C) No. 122 of 2022
                           decided on 20th day of January 2022 (Dileepkumar vs. Sriram Transport
                           Finance Co. Ltd. & Anr..
                                 Issue notice to the respondent(s) on payment of PF by registered AD

with due acknowledgment within seven working days, failing which, the petition shall stand dismissed without reference to the Court.

Till the next date of hearing, the operation of the impugned order

regarding sending the petitioner to Civil Jail dated 08.09.2023 shall remain stayed subject to hearing the other side.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya