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The restitution order by the Court of Appeal has been satisfied as the respondent vacated the suit premises, and thus there is no outstanding order to be executed.
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Since the parties had a right of appeal with leave against the impugned orders, the Court's revisional jurisdiction could not be invoked; the applications are incompetent and must be struck out.
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Committal to civil prison for non-payment of a monetary decree is lawful if due process is followed and poverty is not proved by insolvency or bankruptcy; the 3rd judgment debtor failed to show sufficient cause to avoid detention.
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The court allowed execution by arrest and detention after the judgment debtor failed to comply with a consent decree and instalment payment schedule.
The court held that the second judgement debtor, being a named defendant in the ex parte judgment, is properly subject to execution proceedings, including arrest and detention as a civil prisoner, for failure to pay the decretal amount. Arguments regarding director liability and decree defects were rejected as irrelevant at the execution stage.
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The second judgment debtor is personally liable under the ex parte judgment as he was named as a defendant and failed to defend himself; execution by arrest and detention is proper under the Civil Procedure Code, and objections regarding director liability and decree validity are misconceived at the execution stage.
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The 3rd judgment debtor failed to prove insolvency or bankruptcy as required by law; thus, she did not show sufficient cause to avoid committal to civil prison for non-payment of the decretal amount.
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The High Court upheld execution by arrest and detention against a judgment debtor who had delayed payment and failed to honor repeated promises to pay.
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