GOPICHAND Vs. BRAHMO DEVI

JUDGEMENT

(1.) Smt. Brahmo Devi on 21-4-1955 obtained a decree for Rs. 3,800.00 on account of arrears of monthly allowance against her adopted son, Shri Gopi Nath, the appellant herein. In the same year, she applied for execution of the decree. On 21-1- 1956, an order for the arrest and detention of the judgment-debtor was passed and the appeal preferred by the judgment-debtor against the said order was rejected on 20-12- 1956.

(2.) Thereafter, the judgment-debtor (the appellant herein) applied under Section 34 of Act VII of 1934 (Punjab Relief of Indebtedness Act) as extended to Delhi, praying that the decree-holder's application for arrest of the judgment-debtor might be dismissed. This application of the judgment- debtor was dismissed by a learned Subordinate Judge, I Class, Delhi, by an order dated 8-2-1958. Against this order, the judgment-debtor preferred an appeal to the Additional District Judge, Delhi, and that appeal was disposed of by an order dated 2-6-1958, based on a compromise between the decree-holder and the judgment-debtor according to which the judgment-debtor was to pay half the amount of the balance of the decree within six months, one-fourth after another six months and one-fourth in another six months and in case the judgment-debtor failed to pay as indicated above, the decree-holder would be entitled to realise the decretal amount amongst other courses by arrest of the judgment-debtor as well and the order of the executing Court regarding the arrest of the judgment-debtor stood modified to that extent.

(3.) The learned counsel for the appellant urged two points before me, which are as follows: