Bhudev Mallick Alias Bhudeb Mallick Vs Ranajit Ghoshal 2025 INSC 175 - Order XXI Rule 32 - Imprisonment Of JD - Jurisdictional Error

Code of Civil Procedure 1908 - Order XXI Rule 32 - Imprisonment of a judgment-debtor is no doubt a drastic step and would prevent him from moving anywhere he likes, but once it is proved that he had wilfully and with impunity disobeyed an order of injunction, the court owes it to itself to make the judgment-debtor realise that it does not pay to defy a decree of a court. Failure to exercise this power in appropriate cases might verily undermine the respect for judicial institutions in the eyes of litigants. The court’s power under Order 21, Rule 32 is no more than a procedural aid to the harried decree-holder. Where the judgment-debtor disobeys a decree of injunction, he can be dealt with under this rule by his imprisonment or by attachment of his property or by both. But the court has to record a finding that the judgment-debtor wilfully disobeyed or failed to comply with the decree in spite of opportunity afforded to him. Absence of such finding is a serious infirmity vitiating the order. (Para 44-45) what is required of the person seeking execution of the decree for injunction under the sub- rule is to place materials before the executing Court as would enable it to conclude (i) that the person bound by the decree, was fully aware of the terms of the decree and its binding nature upon him; and (ii) that that person has had an opportunity of obeying such decree, but has wilfully, i.e., consciously and deliberately, disobeyed such decree, so that it can make an order of his detention as sought for. Thus, the onus of placing materials before the executing Court for enabling it to record a finding that the person against whom the order of detention is sought, has had an opportunity of obeying the decree for injunction, but has wilfully disobeyed it, lies on the person seeking such order of detention, lest the person seeking deprivation of the liberty of another cannot do so without fully satisfying the Court about its need. (Para 51)

Code of Civil Procedure 1908 - Order XXI Rule 32 Each breach of injunction is independent and actionable in law making the judgment-debtor answerable. Where there are successive breaches of decree, the judgment-debtor can be dealt with on every such breach and the doctrine of res judicata has no application. The court is expected to take strict view and stern action. (Para 46)

Code of Civil Procedure 1908 - Order XXI Rule 32 - A decree of permanent injunction is executable with the aid of the provisions contained in Order XXI Rule 32 of the Code referred to above, and any act in violation or breach of decree of permanent injunction is a continuing disobedience entailing penal consequences. (Para 36)

Limitation Act - Article 136 - Enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation -The decree for permanent injunction can be enforced or becomes enforceable when the judgment debtor tries to disturb the peaceful possession of the decree holder or tries to dispossess the decree holder in some manner or the other or creates obstruction in the peaceful enjoyment of the property over which he has a declaration of title from the civil court in the form of a decree. (Para 41)

Constitution of India - Article 227 - Code of Civil Procedure 1908 Section 115 - Jurisdictional Error - If an error, be it an error of fact or of law, is such that the erroneous decision has resulted in the subordinate Court or tribunal exercising jurisdiction, not vested in it by law, or in its having failed to exercise jurisdiction, vested in it by law, that will come within the scope of Section 115 of the Code or, for the matter of that, of Article 227 of the Constitution, as the case may be. This error may have resulted from a violation of rules of natural justice, by taking into consideration matters which are extraneous and irrelevant, or by substituting judicial consideration by bias, based on suspicion, arising from those extraneous matters or from any other cause whatsoever but if it has affected the assumption or exercise of jurisdiction, as envisaged above, it will be a jurisdictional error for purposes of the above Article. There is no exhaustive list of jurisdictional errors, but case law has identified such an error exists when a decision- maker has: identified a wrong issue; asked a wrong question; ignored relevant material; relied on irrelevant material; failed to observe a requirement of procedural fairness; made a decision involving fraud; made a decision in bad faith; made a decision without evidence; applied a policy inflexibly.