It is for the decree-holder to decide and choose the mode of execution and he cannot be compelled to go in for a particular mode of execution

Citation

CDJ 2006 MHC 1880

Ganesh vs. Sankaran and another

2006(3)CTC 546

 this Court has held that it is for the decree-holder to decide and choose the mode of execution and he cannot be compelled to go in for a particular mode of execution

Head Note

Civil Procedure Code, 1908-Order 21 Rules 37 & 38-Section 115-Revision-Execution Proceedings-Trial court ordering the arrest of the judgment debtor-Without assigning any reason-held-As per the principles laid down by the High Court and the Supreme Court, the Executing Court shall give reasons before ordering arrest-So the decision relied on by the respondent will not be helpful to the respondent, in view of the decision the Honourable Supreme Court-The Executing Court shall hold an enquiry and give a finding as to the correct means of the judgmentâ€'debtor to discharge the decree before ordering arrest under Rule 37 of the C.P.C-The Executing Court should follow the procedure laid down in Rule 39 and 40 of the C.P.C.

Para 19 & 20

Comparative Citations:
2006 (3) CTC 546; 2006 (3) MLJ 186