AIR 1926 LAHORE 110 ::1925 ILR (6) Lahore 548 ::1925 (89) Ind Cas 360 ::1926 (93) Ind Cas 54

Lahore High Court

Hon'ble Judge(s): Shadi Lal , C.J. AND Lerossignol , J

Civil P.C. (5 of 1908) , O.21 R.30— Judgment-creditor is to decide whether execution should be taken against the person or property of judgment-debtor - Court though it has discretion for refusing simultaneous execution against both, cannot decline to order execution against person in the first instance. The statutory law leaves no doubt whatsoever that it is for the judgment-creditor to decide whether he should execute the decree for the payment of money by the arrest of the judgment-debtor or by the attachment and sale of his property, or both ; and that while the Court has discretion to refuse execution against the person and property simultaneously, it has no authority to decline to make an order of committal to prison on the ground that the decree-holder should proceed in the first instance against the property of tie judgment-debtor : 7 Bom. 301 and 14 MIA 605, Applied ; 73 PLR 1915, Dissented from. Per LeRossignol, J. - Except in cases where the judgment-debtor has no property the decree-holder should be encouraged to proceed against both the property and the person simultaneously, and the refusal of the executing Court to grant both reliefs at one time should be the exception and not the rule.