Application of Section 94 cpc
Anand Bala
(Querist) 10 August 2019
This query is : Resolved
Need urgent help. Permanent injunction order & judgement was decreed & judgment debtors disobeyed the restrain order & caused extensive damage to the property. Execution petition filed under order 21 rule 32. During the proceedings an interim order was passed to re-erect the fence & gate at the cost of judgment debtor (JD). JD once again removed the 're erected fence & gate.
New application was filed under section 94 cpc for supplementary proceedings.
The issue now the JDs being government officers can they be arrested by a warrant under section 82 of cpc. If there is any case law kindly give me reference as my argument coming on 13th this months.
Many thanks in anticipation.
P. Venu
(Expert) 11 August 2019
Is the decree passed against Government or a public official. Just because the JD happens to be a Government officer, the provision offers no protection or exception..
J K Agrawal
(Expert) 11 August 2019
section 94 gives a substantial right but the application being filed under some order and rule. It is what you already have done. Just treat your application under order 39 R 1 and Rule 2A. The can be arrested for 3 months their personal property can be attached.
