CAN A PERSON BE SENT TO JAIL IN CIVIL EXECUTION...?

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.

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.

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

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.

yes he can be sent

@ 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 ....?

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...

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

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.”   

Shri Kulkarni please post the judgment as file.

Certainly this topic is important and fruther inputs welcome.

https://indiankanoon.org/doc/1741605/

pdf attached

Thanks to Mr kulkarni.

Can anybody give me valued advice as to::

How to get the ad-interim stay on execution of interim maint awarded to decree-holder( I am judgement-debter.)

A.  I paid all arrears into court but

B. I also filed for stay as well as 'recall app for nullity to call it void'

C.  Bcos decree-holder committed  "fraud on court/lying under oath/giving false info in trial" all this committed during interim maint trial

D. I submitted the above petitions with material proofs and evidence from bank.

Result!!!

Hon Court gave next date for say of other party....other party peacefully withdrew amount from court by withdrawing it daily in cash (I also had to deposite it daily in 5 days everyday some 15k)

Am I allowed to file stay application at HC at this juncture?

Would HC hear my plea? and grant me stay against the execution of interim maint immediately?

I have filed the review petition of maint order also.

This is regarding HMA sec 24.  Thanks

Thanks in advance.

@ jamai of law..

read section 51 of cpc.....

when can a person b arrested....

The order of maintainace is passed by lower court , for which you have to file regular appeal.

Filer perjury application is same court if false evidence is given., and the meantime pray for say before higher court.