imprisonment in default of payment of decreetal amount
Querist :
Anonymous
(Querist) 02 December 2010
This query is : Resolved
R/Members LCI
I was judgment debtor in a recovery suit of Rs. 10 lacs,in execution due to non payment i was sent to civil imprisonment for three month,i was released after completion of three months from jail,i want to know whether decreetal amount can be recovered from me or the matter has finished now as i have undergone 3 months imprisonment,kindly clarify me,i will be very thankful to all of you R/Members of this club for this .Thankyou
Daksh
(Expert) 02 December 2010
The terms of the execution petition and orders needs to be perused first.
Best Regards
Daksh
Sathyan A.R.
(Expert) 02 December 2010
imprisonment for a civil default does not take away the right to recover the decretal amount : held by many courts. The two defaults are independent. Hence despite your imprisonment the decretal amount could be recovered.You cannot be re imprisoned due to double jeopardy
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2010
This is not real problem since judgement debtor can not be sent to jail , there is civil prison and procedure is for month to month incarnation only after payment of allowances by decree holder in advance.
Uma parameswaran
(Expert) 02 December 2010
imprisonment is for the execution of a decree for the payment of money.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2010
In such cases the person is sent to civil jail and not regular jail .And it is always month to month basis since the creditor has to pay expanses for keeping the person in civil prison in advance on monthly basis.
Querist :
Anonymous
(Querist) 02 December 2010
R/Shashi ji,
in my case creditor deposited diet money (jail expenses )in advance,there after i was sent to civil jail,but it is right that my imprisonment was for three month,i also heard that it is month to month procedure,but in my case it was not followed,even this was District Judge order.Regards
