judgement debtor can be again sent to jail for fresh breach of injunction done by him
It is thus clear that it is not that once a person is made to suffer imprisonment or detention in civil prison, he cannot be proceeded with on second occasion for the fresh breach committed by him. Each breach is independent and is actionable in law. Merely by putting a person in civil prison the decree does not get wiped out or satisfied. The Executing Court was therefore absolutely wrong in applying the doctrine of constructive res judicata and holding that the judgment-debtor cannot be imprisoned on second occasion. The impugned Order of the Executing Court is unsustainable in law. The same deserves to be set aside.
Bombay High Court
Smt. Yashodabai Ganesh Naik ... vs Shri Gopi Mukund Naik, Major, ... on 4 July, 2002
Equivalent citations: AIR 2003 Bom 77, 2003 (1) BomCR 346, 2002 (3) MhLj 801
1. This case affords a further illustration, if further illustrations are required, of the confusion of our law and how the decree-holder had to suffer at the hands of the Court. The Executing Court disposed of execution proceedings in a very casual
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