AMAR SONI Vs. SMT. SAPNA

JUDGEMENT

(1.) - The petitioner/judgement debtor has filed the present petition being aggrieved by the order dated 10.04.2018 by which application filed under Order 21 Rule 37 of the CPC by the decree holder/respondent has been allowed.

(2.) The respondent being a plaintiff filed a suit for eviction and arrears of rent against the present petitioner. By judgement and decree dated 21.07.2015, the suit has been decreed in favour of the respondent. Thereafter, the respondent filed an Execution Case No.10-A/2014 for eviction and recovery of rent. On 16.04.2016, he has obtained the possession of the property. That the present petitioner has filed a civil suit challenging the aforesaid judgement and decree.

(3.) In the execution proceedings, the wife of the present petitioner appeared and filed an objection under Section 47 and 151 read with Order 21 Rule 58 of the CPC. Shri S.C. Sharma, Advocate and Abhay Baiswal, Advocate filed the Vakalatnama. The respondent filed application under Order 21 Rule 37 of the CPC for sending the petitioner to Civil Jail as he is unable to pay the decretal amount. Learned counsel appearing for the petitioner sought time to file reply to the aforesaid application but later on they did not appear and learned trial Court has decided the application in favour of the respondent by issuing a direction for sending the petitioner into the Civil Jail. Hence, the present petition before this Court.