HAZERA BEGUM Vs. ARTHA RIN ADALAT
SUPREME COURT OF BANGLADESH
Artha Rin Adalat
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MD.HAMIDUL HAQUE,J. -
(1.) This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure E) passed in Money Execution Case No. 2 of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is concerned should not be declared to have been made without lawful authority and to be of no legal effect.
(2.) We have found that in this Rule the petitioner is one of the judgment debtors in Artha Rin Adalat suit No. 2/91 of Artha Rin Adalat, Faridpur. The respondent No. 2, Agrani Bank is the plaintiff of that suit. The suit was decreed and decree holder filed an application for execution the decree before the Artha Rin Adalat and from the order dated 16-7-97, we find that the execution case was disposed of on full satisfaction but subsequently by the order dated 25-5-2000, the earlier order was vacated and the execution case continued. The decree holder then filed an application for passing an order for civil imprisonment of the judgment debtors. After hearing the parties, the court passed the impugned order on 20-7-2000, allowed the prayer of the decree holder and passed an order of issuing warrant of arrest for detention of the judgment debtor 1, 2, 3 and 4. The judgment debtor No. 4 is the present petitioner before us.
(3.) Mr. Sobhan along with Mr. Abu Hena Razzaki appeared on behalf of the petitioner. Their main argument is that order of civil imprisonment of a woman is totally illegal. In this connection, they referred to section 56 of the Code of Civil Procedure. Mr Sobhan has also argued that no specific procedure has been laid down in the Artha Rin Adalat Ain, 1990 regarding execution of a decree. However, he conceded that the provisions relating to execution of a decree as laid down in the Code of Civil Procedure may not be applicable. According to him, as there is no specific procedure in the Artha Rin Adalat, there can not be an order of civil imprisonment of a woman.;
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