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Execution of Civil arrest warrant by Police.

(Querist) 09 November 2008 This query is : Resolved 
Resected Seniors,

Due to non co-operation of bailiffs the Dhr is not in a possession to execute the civil arrest warrant which was passed by the Court against JDr.

As a matter of fact the Court issued fresh warrant nearly 10 times against JDr. The JDr is working as Head Master in Govt High School. Each and every occassion the Bailiff's are co-operated to JDr. for non execution of warrant.

In the above circumstances the DHr. filed a petition U/S 151 of C.P.C. prays that to direct the concerned SHO (Police) to secure the presence of the JDr with a view to avoid the interferance of Bailiffs.

Now my question is whether the said petition is maintainable under Law or Not?

If yes, please refer some citations to that effect.

If not, what is the alternative remedy to the DHr to proper execution of arrest warrant.

Thanking You Sir.
smilingadvocate (Expert) 10 November 2008
As this being a civil arrest as such the very meaning of the civil arrest will have no meaning, more over the civil court can give direction tothe SHo but their is one more alternate that you seek appointment of an advocate commissioner as the court's can appoint advocate commissioner for performing any ministerial act of the court u see order 26
allurisivajiraju (Querist) 11 November 2008
Dear Sir,

I am very happy to your reply sir.

But Previously i made an attempt to appoint an Advocate Commissioner for execution of civil warrant. But the Hon'ble Court refused to appoint an Advocate Commissioner without accompanying the bailiff.

If without interferance of Bailiff only the said warrant will give fruit full result. Otherwise it will be useless.


Is there any authorised citation for the Acvocate Commissioner can act as bailiff under the head of Ministerial Act without interferance of Bailiff.

Thanking you Sir in Advance.
smilingadvocate (Expert) 22 November 2008
Mr. Allurisivajiraju garu,

See order 26 of CPC


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