Jolly George Verghese v Bank of Cochin (1980)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

A judgment-debtor was sought to be detained in civil prison in execution of a money decree though he lacked the means to pay.

Issue.

Can a judgment-debtor be arrested and detained merely because he has not paid a money decree?

Held.

Detention is permissible only where the JD has the means and wilfully refuses or neglects to pay (s.51 proviso); imprisonment for genuine inability to pay is impermissible and contrary to the right to personal liberty.

Why it matters.

It is the humane limit on the arrest-and-detention mode of execution.

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