Resham Singh vs Raj Krishan
2023 Latest Caselaw 12511 P&H

                                                          Neutral Citation No:=2023:PHHC:103048




CR-1382 of 2015 (O&M)                  -1-              2023:PHHC:103048

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                    CR-1382 of 2015 (O&M)
                                                  Date of Order: 09.08.2023

Resham Singh
                                                                      .Petitioner
                                    Versus

Raj Krishan (deceased) through his LRs
                                                                  ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. L.S.Sidhu, Advocate, for the petitioner.

Mr. Manu Loona, Advocate, for the respondent.

ANIL KSHETARPAL, J

1. In the execution of a civil court decree for the recovery of the

amount, the petitioner (Judgment Debtor) was sent to a civil imprisonment.

He has already spent the aforesaid period in the prison and was released on

21.05.2014. Thereafter, the Executing Court has passed the following order:-

"No payment made today.

"In the circumstances, the J.D.-Resham Singh is, hereby

directed to be summoned through conditional warrant of

arrest for dated 27.02.2015."

2. The learned counsel representing the petitioner contends that

the petitioner cannot be imprisoned again after he has already undergone

imprisonment.

3. On the other hand, the learned counsel representing the

respondent submits that the petitioner has only been summoned.

4. Keeping in view the aforesaid facts, the order dated 28.01.2015,

shall stand set aside, if the petitioner appears in person, before the Executing

Court on the next date of hearing and files an affidavit disclosing his assets.

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Neutral Citation No:=2023:PHHC:103048

CR-1382 of 2015 (O&M) -2- 2023:PHHC:103048

It is clarified that the petitioner shall not be imprisoned again when he has

already undergone.

5. Disposed of accordingly.

6. All the pending miscellaneous applications, if any, are also

disposed of.

August 09, 2023                                       (ANIL KSHETARPAL)
nt                                                          JUDGE


Whether speaking/reasoned                 :YES/NO
Whether reportable                        :YES/NO

Neutral Citation No:=2023:PHHC:103048

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