AIR 1992 ORISSA 29 ::(1993) BankJ 4 ::(1991) 72 Cut LT 41

Orissa High Court

Hon'ble Judge(s): S. K. Mohanty , J

(A) Civil P.C. (5 of 1908) , S.58(2)— Money decree - Judgment-debtor detained in civil prison for full term - Debt does not stand discharged on that ground - Decree-holder is entitled to attachment and sale of movable property of judgment-debtor. AIR 1969 SC 897; AIR 1951 Mad 756, Foll.Execution - Detention of judgment-debtor in civil prison - Debt not discharged on that ground. (Para 10) (B) Civil P.C. (5 of 1908) , O.21 R.12— Attachment of movables of judgment-debtor - Property in possession of judgment-debtor - No list of movables required to be furnished by decree-holder - However, decree-holder must express in clear terms that judgment-debtor was in possession of movables. (Para 11)