Multiplicity of execution on same order maintainable?
Sathya Shanmugavlu
(Querist) 30 January 2024
This query is : Resolved
Dear Experts,
As I defaulted on my wife's interim maintenance order (on her divorce), last year they filed an EP to attach my property that was transferred to neighboring district court for execution.
Now they are filing another EP for civil arrest.
Is this EP maintainable, can the order holder apply for multiple EP in same order.
Please advise.
T. Kalaiselvan, Advocate
(Expert) 30 January 2024
Simultaneous execution both against the property and person of the judgment-debtor is. allowed under Order 21, Rule 30, C.P.C. But the Court has a discretion under Order 21, Rule. 21, C.P.C. to refuse simultaneous execution and to allow the decree holder to avail himself of provisions under order 21 rule 30.
Apart from Order XXI Rule 21 of CPC, Order XXI Rule 30 of CPC deals with simultaneous
execution which run as hereunder:
―Every decree for the payment of money, including a decree for the payment of money as the
alternative to some other relief, may be executed by the detention in the civil prison of the
Judgment Debtor, or by the attachment and sale of his property, or by both.‖
From the forgoing provisions under Order XXI Rules 21 and 30 of CPC, it is clear that the
Court may exercise its discretion to refuse the execution against the person and property of
the Judgment Debtor and when the decree is for payment of money, the Decree Holder may
execute the same against the person, or the property, or both.
Sathya Shanmugavlu
(Querist) 30 January 2024
Thanks Kalaiselvan sir.
Just wanted to know when court orders for civil imprisonment, how long it will the imprisonment be and will they ask for death sentence by hanging.
(Please mote that I already have an RCR order in favor of me and proved her willfully desertion). So arrest and hanging sentence for asking for reunion us strange in this country of law
T. Kalaiselvan, Advocate
(Expert) 30 January 2024
This is not a criminal and very grievous offence that the court will convicted and will pass death sentence.
It will be arrest and imprisonment in civil jail, the decree holder shall bear the expenses.
Sathya Shanmugavlu
(Querist) 30 January 2024
Thanks Kalaiselvan sir.
Is there any anticipatory bail that I can apply to avoid this arrest sir ?
T. Kalaiselvan, Advocate
(Expert) 31 January 2024
You wait for the court to take action and if necessary you can go for the AB, but in civil arrest there is no provision for anticipatory bail.
