Satyen Vaidya, J
1. By way of instant petition, petitioner has made following prayers:-
“(i) That the order arrest and civil imprisonment passed by learned Additional District Judge, Solan, dated 19.12.2019, 09.03.2023, 10.03.2023 and 13.04.2023 may kindly be set aside and quashed.
(ii) That the petitioner as per Section 58(2) CPC cannot be rearrested or arrested again after his release on 13.04.2023 in the same proceeding for recovery of same decretal amount.
(iii) That the custody of the petitioner from 09.03.2023 till his release on 13.04.2023 i.e. for 36 days may kindly be declared as unlawful.
(iv). That respondent may also be directed to compensate the petitioner by paying appropriate and reasonable amount of damages as the Hon’ble Court shall assess and quantify.
2. At the time of hearing, learned counsel for the petitioner made submission that his client has already suffered civil imprisonment for more than one month without strict obedience to the procedural aspects of law. He further submits that since he cannot rewind the clock for the petitioner, it will be sufficient in case directions are issued to learned Executing Court to strictly adhere to the principles of law as enshrined in the Code of Civil Procedure, more particularly, when it comes to civil imprisonment of a person. He has expressed such apprehension keeping in view the proceedings which have been undertaken by learned Executing Court till date in the execution filed by respondent/Decree Holder.
3. I have gone through the zimini orders passed by learned Executing Court from time to time in Execution Petition No. 12-5/10 of 2016. From its perusal, the apprehension expressed on behalf of the petitioner cannot be said to be wholly unjustified. That being so, though, the order as is being sought is an innocuous exercise still with the purpose to uphold the mandatory requirements of law, it is directed that henceforth the learned Executing Court shall strictly adhere to the procedural aspects of the matter in accordance with law, as and when the execution proceedings in the instant case comes before it for any further orders or directions.
4. With these observations, the petition is accordingly, disposed of, so also the pending miscellaneous application(s), if any.
