YASHPAL SINGH versus VIII ADDL. DISTRICT JUDGE AND ORS.

YASHPAL SINGH versus VIII ADDL. DISTRICT JUDGE AND ORS.

An employee of the State who was not a party to the suit in which the injunction was granted cannot be proceeded against under Order 21 Rule 32 of the Code of Civil Procedure for alleged obstruction of the decree, nor can his property be attached under said provision.

Parties
Appellant: Yashpal Singh; Respondents: VIII Addl. District Judge and Ors.
Jurisdiction
India
Judgment Date
12 March 1992
Procedural Posture
Civil Appeal / Appeal by Special Leave From Decision of High Court in Writ Petition, Challenging Orders of Executing and Revisional Civil Courts
Outcome
Appeal allowed, orders of High Court and both Civil Courts against appellant set aside, no order as to costs.
Legal Topics
Order 21 Rule 32 CPC, Execution of Decree, Injunction, Attachment of Property, Party to Suit
Civil Procedure Order 21 Rule 32 CPC Execution of Decree Injunction Attachment of Property Party to Suit

Case Brief

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Parties

Yashpal Singh

Appellant

VIII Addl. District Judge and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Decision of High Court in Writ Petition, Challenging Orders of Executing and Revisional Civil Courts

Legal Issues

  1. 1 Whether Order 21 Rule 32 of the Code of Civil Procedure, 1908 allows for the attachment of property of a State employee who was not a party to the suit but acted in an official capacity allegedly obstructing an injunction decree?

Ratio Decidendi

An employee of the State who was not a party to the suit in which the injunction was granted cannot be proceeded against under Order 21 Rule 32 of the Code of Civil Procedure for alleged obstruction of the decree, nor can his property be attached under said provision.

Court Disposition

Appeal allowed, orders of High Court and both Civil Courts against appellant set aside, no order as to costs.

Orders

  • The appeal is allowed.
  • Impugned orders of the High Court and both the Civil Courts against the appellant are set aside.