Execution – Arrest of Judgment-Debtor – Police Aid – Reading of Execution Order as a Whole Where the executing court grants police aid for execution of a warrant of arrest, an isolated sentence in the order referring to police aid to the decree-holder cannot be read in isolation. The order must be read holistically, and if the overall tenor and reasoning disclose that police aid was intended to assist the Court Ameen, the order does not suffer from any illegality.

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Execution – Arrest of Judgment-Debtor – Police Aid – Reading of Execution Order as a Whole

Where the executing court grants police aid for execution of a warrant of arrest, an isolated sentence in the order referring to police aid to the decree-holder cannot be read in isolation. The order must be read holistically, and if the overall tenor and reasoning disclose that police aid was intended to assist the Court Ameen, the order does not suffer from any illegality.

Civil Revision – Article 227 – No Interference with Execution Proceedings

In the absence of any substantive illegality or jurisdictional error in granting police aid for execution of a warrant against a judgment-debtor who failed to satisfy a final award, interference under Article 227 of the Constitution of India is not warranted.

(Paras 3–5)

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RATIO DECIDENDI

An execution order granting police aid must be read as a whole; where the executing court’s intention is clearly to provide police assistance to the Court Ameen for executing a warrant of arrest against a judgment-debtor who has failed to satisfy a final award, an incidental reference suggesting aid to the decree-holder does not vitiate the order, and such grant of police aid does not warrant interference under Article 227.