Petitioner sought detention of judgment-debtor under Order 21 Rule 32 CPC for non-compliance with a mandatory injunction decree. Court held the Executing Court has discretion to choose between attachment and detention. Since attachment was already ordered, detention cannot be claimed as a matter of right. Petition dismissed.
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AT CHANDIGARH
126
CR-4282-2024 Date of Decision.:11.09.2024
Lakhvir Singh Pe''oner
Vs.
Harpreet Singh @ Nikka Singh Respondent
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Deepak Goyal, Advocate for the pe��oner.
DEEPAK GUPTA, J. (ORAL)
A decree for mandatory injunc�on was passed in favour of the
pe��oner. In order to get the decree implemented, execu�on was filed. The Execu�ng Court has already ordered a(achment of the property of the JD. The prayer made by the pe��oner before this Court is to order the Execu�ng Court to pass deten�on order against the JD.
Order 21 Rule 32 CPC grants discre�on to the Execu�ng court either for order of a(achment of property of JD or for his deten�on for ge0ng the decree of injunc�on implemented. The Execu�ng Court has already exercised its discre�on by ordering the a(achment of property of JD. The decree-holder cannot claim as of right that JD should be detained in civil prison.
No merits. Dismissed.
( DEEPAK GUPTA ) JUDGE
September 11, 2024 Nee�ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.09.12 14:17 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a decree-holder has a right to demand detention of a judgment-debtor when attachment of property has already been ordered?
Lakhvir Singh
Harpreet Singh @ Nikka Singh
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
