Code of Civil Procedure, 1908–Order 21, Rule 38–Execution of money decree–The execution can be done by payment of money and in alternative it may be executed by detention and civil prison of the judgment-debtor or by attachment and sale of his property–When three different modes are available, civil imprisonment being the most aggravated form of mode of execution should be adopted as the last resort and not as a first resort–Further, prior to issuance of warrant of arrest, an application in this regard is to be filed by the decree holder and after giving opportunity of hearing to the judgment debtor, the order in this regard, after considering the explanation given by the judgment-debtor is to be passed–Straight away, the warrant of arrest under Order 21, Rule 38 cannot be passed–Impugned order passed by the Executing Court is set aside with certain directions.
