TAMILNADU MERCHANTILE BANK Vs. N. POULOSE

JUDGEMENT

(1.) Section 51 of the Code of Civil Procedure prescribes the procedure to be followed in execution of a decree. Subject to the conditions and limitations prescribed, execution of a decree on an application made by the decree holder could be effected by delivery of property, attachment and sale, by arrest and detention to prison as well as by appointing a receiver, or in such other manner as the nature of the relief granted may require.

(2.) The submission of the petitioner, who is a scheduled bank, is that while disposing of E.P. No. 11 of 1999 in O.S. No. 6 of 1993, the Court had unnecessarily restrained itself from enforcing the decree by arrest and detention of the judgment debtor, and he had been let off. The court had held that the evidence adduced was insufficient to come to a conclusion that the second judgment debtor had sufficient means to discharge the liability and for non-payment of the decree amount, treating it as deliberate, issue of a warrant for arrest may be proper.

(3.) Mr. L. Mohanan, appearing for the petitioner, submits that the view as above was illegal and interference of this Court is warranted.