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can a person be sent to jail in civil execution...?

Advocate

WHETHER A PERSON CAN B SENT TO JAIL IN EXECUTION OF A DECREE....?

WHAT IF THE PERSON HAS NO MEANS EVEN AT THE TIME OF FILING OF SUIT ITSELF....?

 
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Advocate

As per the civil procedure code he can be rrested. See section 55

55. Arrest and detention.

(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained:

Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise :

The arrested person can apply for insolvent and he can be discharged and there is also prohibition of arrest of a woman in execution od decree for money.

 
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if the judgementdebtor has on means to pay the decreetal amount ,he cannot be arrested provided if he files his objections taking the stand that he is not a wilfull defaulter and he has no means to pay the amount claimed.

 
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cetainly. a person has fail to execute or obey any of courts judgement for execution he may be put in jcivil jail under civil arrest

 
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Under sec.16of cpc and sec.55 and order 38 rule 1 to 4 a person can  send to civil jail for civil exeturion  

sec.55(1) a judgement debtor may be arrested in exeution of a decree at any hour an on any day,and shall as soon as practicable, brought before the court, andhis detention may be in the civil prison of the district in which the court ordering the detention is situate, or where such civil prision does not afford suitable accomodation, in ay other palace which the State Government may appoint for the detention of person ordered by the courts ofsuch district to be detained.

 
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Lawyer

yes he can be sent

 
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Advocate

@ all the replies 

with my folded hands i beg to say differ......

u still need to chek out CPC.....

plz ans me wht if the defendent has no means at the time of filing the suit itself ....?

 
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Advocate

a person can not be sent jail in execution / satisfaction of a civil decree unless and untill he has voluntarily transffered his assets with malafides and to nullify the decree.....

if a person has no means at the time of filing a suit itself, he can not be sent jail for execution/satisfaction of decree...

 
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propra

Adv Amit Gupta ji,

 

Can you please elaborate: from 'burden of proof' perspective during stay of execution proceedings.

You wrote:

"unless and untill he has voluntarily transffered his assets with malafides and to nullify the decree"

as well as

if a person has no means at the time of filing a suit itself, he can not be sent jail for execution/satisfaction of decree...

If you could give a citation or relevant section of CPC I would be very grateful.

 

"At the time of filing/defending the suit itself?" ................Wasn't that deemed to be decided and opinionated by Hon Court, during the trial, and hence such Order got passed as well as it execution subsequently?

 

There are people lakhs of people who are asking for stay of execution and preferring appeals but that takes time and execution of order proceeds and delayed 'stay of execution proceedings' become infructuous and makes irreparable damage.

 

please elaborate. Thanks

 
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Legal Advisor

However, the subject requires due deliberation and detailed explanation but in short, for resolving the doubts/queries on the aforementioned issue I would like to quote the explanation provided by Justice Krishns Iyer in Jolly George Verghese Vs. Bank of Cochin. It has been held that “the simple default to discharge is not enough. There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or alternatively, current means to pay the decree or a substantial part of it. The provision emphasis the need to establish not mere omission to pay but an attitude of refusal on demand verging on dishonest disowning of the obligation under the decree. Here consideration of the debtor’s other pressing needs and straitened circumstances will play prominently. We would have by this construction sauced the law with justice, harmonized sec. 51 with the covenant and the constitution.”   

 



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