In Civil Revision No.2717 of 2008, the Court discharged the order of detention of the judgment debtor after he filed an affidavit disclosing properties liable to attachment, while warning him for future compliance.
Order of detention dated 17.3.2008 discharged. Petitioner warned to be careful.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.2717 of 2008 (O&M) [ 1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
...
Civil Revision No.2717 of 2008 (O&M)
Decided on : May 14, 2009
Mohinder Kumar
... Petitioner
VERSUS
P.S.W.C. and others
... Respondents
CORAM : HON'BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Pardeep Goyal, Advocate for the petitioner.
None for the respondents.
- A.N.JINDAL, J.
The judgment debtor was directed to file the reply in the form of an affidavit, disclosing the property, if any, owned by him, but instead of doing so, he disappeared from the proceedings. Therefore, the District Judge, Sangrur vide its order dated 17.3.2008 (Annexure P- 3), while exercising the powers under Order 21 Rule 41(3) of the Code of Civil Procedure, ordered to detain the judgment debtor, in the civil imprisonment for thirty days.
Heard.
From the order dated 23.5.2008, passed by this Court, it transpires that the petitioner has now moved an application giving details of the properties of respondents No.4 and 5, which are open to attachment.
Civil Revision No.2717 of 2008 (O&M) [ 2 ]
Since the judgment debtor appears to have learnt a lesson, therefore, the order dated 17.3.2008 (Annexure P-3) is discharged. However, the judgment debtor – petitioner is warned to be careful in
future.
Petition is disposed of accordingly.
May 14, 2009 `gian'
( A.N.JINDAL ) JUDGE
2 issues framed by the court
Whether the order of detention under Order 21 Rule 41(3) CPC can be discharged upon compliance.
Whether the judgment debtor was warned to exercise care in future.
1 provisions across 1 enactments
Mohinder Kumar
P.S.W.C.
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
