Excelsior Correspondent
JAMMU, Sept 3: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh has issued notice to Chief Engineer, PDD Jammu as to why he should not be directed to suffer civil detention in conformity with mandate of Order 21 Rule 32 of CPC read with Section 51 thereof for failing to obey and execute decree in question.
CJM also directed that copy of this order shall not only be sent to Chief Engineer for compliance but also to Chief Secretary so that abdication on the part of predecessors of judgment Chief Engineer if any in executing decree in hand can also be fixed and dealt with according to law.
This significant order has been passed in 12 years old decree execution case.
“Chief Engineer was mandated to shift the poles outside the boundary wall of residential house of decree holder by way of decree dated 29.11.2008. During the pendency of the proceedings, judgment debtor filed objections and expressed his in-ability to execute decree in hand primarily on the premise of no suitable alternate space being available for shifting all poles on account of area having become over-crowded”, the CJM said, adding “judgment debtor then seems to have taken re-course to routine bureaucratic stand that he has directed concerned Executive Engineer to take up the matter with Revenue/Nazool/JDA/JMC for making some land available so that needful can be done and has thus washed his hands off”.
“The record indicates that time and again opportunity of obeying the decree has been granted to judgment debtor but of no avail. Decree under execution having remained un-assailed for last more than 12 years and having thus attained finality, now it does not lie in the armoury of judgment debtor to virtually nullify the same by saying that since no alternate space is available, he therefore cannot shift the poles in order to obey more than 12 years old dictum of the court more so when the decree under execution is not an exparte decree and was passed in presence of both the parties”, the CJM said.
“Having regard to the totality of the circumstances spelt out as also considering the mandate of Order 21 Rule 32 of CPC, judgment debtor is once again given an opportunity to forthwith execute decree under execution by shifting the poles as mandated by it – by or before next date of hearing failing which not only coercive process for satisfying the decree be taken re-course to but judgment debtor be also put on notice as to why he should not be directed to suffer civil detention in conformity with mandate of Order 21 Rule 32 of CPC read with Section 51 thereof for failing to obey and execute decree in question”, the CJM ordered.
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