VIJAY KUMAR Vs. SHRIRAM TRANSPORT FINANCE COMPANY LTD. & ANR.
LAWS(P&H)-2016-11-29
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 23,2016

VIJAY KUMAR Appellant
VERSUS
Shriram Transport Finance Company Ltd. And Anr. Respondents

JUDGEMENT

DARSHAN SINGH,J. - (1.) This order shall dispose of both the revision petitions captioned above as both these revisions have arisen out of the similar order vide which the petitioners in satisfaction of the decree for recovery of money has been sent to the civil prison by the learned Executing Court on the ground that they had not made the payment.
(2.) Learned counsel for the petitioners contended that the impugned orders have been passed by the learned Executing Court without deciding the objections moved by Vikash Kumar-petitioner/JD No.1. They further contended that the learned Executing Court has also not complied with mandatory provisions of Order 21 Rules 37 to 40 of the Code of Civil Procedure, 1908.
(3.) On the other hand, learned counsel for respondent No.1 contended that the order passed by the learned Executing Court is legal as both the petitioners haven not paid the decretal amount even though they were held jointly and severally liable. He further contended that no objections were moved by petitioner-Vijay Kumar in the execution petition. Thus, they have been rightly sent to the civil prison.;


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