Execution of Decree Cannot Compromise Personal Liberty Without Due Process, Rules Aurangabad Bench
In a significant ruling that reinforces the necessity of adhering to principles of natural justice, the Aurangabad Bench of the Bombay High Court has set aside an order for detention in civil prison. The writ petition, filed by Purbha and others, challenged the order of detention passed by the Civil Judge, Junior Division, Mudkhed, which directed the incarceration of the judgment debtor, Mohd. Jafar, for breach of a decree.
Justice Siddheshwar S. Thombre presided over the case and emphasized that such orders affecting personal liberty cannot be executed without following due process. The judgment debtor was detained for a month as per the executing court's decision, which was issued without prior notice or opportunity for the debtor to be heard - a violation of the principles of natural justice.
The petitioners contended that the executing court's decision was excessively stringent, especially since it did not afford the judgment debtor a chance to explain or respond to the alleged breach of decree. The petitioners relied on the Supreme Court's ruling in Bhudev Mallick v. Ranajit Ghoshal, which underscores the importance of providing a hearing before imposing such severe consequences.
The Bombay High Court agreed with the petitioners, ruling that the deprivation of personal liberty without notice or hearing contravenes established legal principles. Justice Thombre asserted that even in instances of decree breach, the executing court must issue a notice and seek an explanation prior to taking coercive action. The failure to adhere to this procedure rendered the impugned order unsustainable.
The respondent's counsel defended the original decision, citing the judgment debtor's continuous obstruction and willful disobedience of the decree. However, the High Court determined that the lack of procedural fairness necessitated quashing the order.
Additionally, the court addressed the matter of subsistence allowance deposited by the decree holder, permitting its withdrawal and instructing the executing court to resolve the execution proceedings within one year.
This ruling serves as a reminder that the legal system must balance enforcement of decrees with the protection of individual rights. The High Court's decision reinforces the necessity for courts to uphold natural justice, ensuring that personal liberties are not compromised without due legal process.
Bottom Line:
Principles of natural justice must be followed before ordering detention in civil prison for breach of a decree.
Statutory provision(s): Civil Procedure Code, 1908
Purbha v. Mohd. Jafar, (Bombay)(Aurangabad Bench) : Law Finder Doc id # 2845206
