9911796707
TMI Blog2006 (9) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ee sons disobeyed the decree and have caused interference. Consequently, the plaintiffs could not cultivate their lands. On 15.12.2003, the defendant stopped the flow of water through the channel to the plaintiffs' lands. The defendant did not agree to the decision of the Panchayat also. Since the defendant has deliberately disobeyed the decree for injunction and caused interference, the plaintiffs' filed a petition in E.P. No. 14 of 2004 under Section 55 read with Order 21 Rule 32 C.P.C. for arrest and for detention in civil prison. (ii) In the said E.P., the defendant's son, R. Arjunan filed an Execution Application No. 318 of 2004, under Order 3 Rule 3 r/w Section 151 C.P.C. to permit him to represent his mother, the defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at any order passed in the Execution Proceedings will be binding on the judgment debtor. Even in the suit, the Power Agent has represented the judgment debtor and that there was no objection for the same. Therefore, the order of the Lower Court, that the judgment debtor cannot be represented in Execution Proceedings and she must file her pleadings in person is incorrect. 4. On the other hand, Mr. D. Krishnakumar, learned Counsel for respondents submitted that the Power Agent can speak only for the purpose for which the Power of Attorney is given and not for personal acts committed by the defendant. Inasmuch as for violation of injunction, arrest and civil detention is sought for, the violator should personally explain to the Court and it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication or act in or to any court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf. PROVIDED that any such appearance shall, if the court so directs, be made by the party in person. 7. An order of injunction is enforced against a party who violates the order and it is not executed. An order of arrest and placing a party in detention is purely personal, based on the personal act of the individual. The accusation is against that individual, who violates the order of the Court. U ..... X X X X Extracts X X X X X X X X Extracts X X X X
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