ANJENGO COIR MATTINGS Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The defendants in O.S. No. 24 of 1991 on the file of the Principal Sub Court, Attingal, have preferred this revision against the order dated 18.12.1995 in E.R 87/93 arising out of the said suit By the impugned order, the learned Sub Judge ordered execution of the decree by arrest and detention of the 2nd petitioner herein.

(2.) Plaintiff respondent filed the suit against the petitioners for realisation of a sum of Rs. 60,000/- with interest, which was advanced to the defendants in 1985. The second defendant (judgment debtor (2nd petitioner herein) had executed a demand promissory note and also hypothecated the plaint schedule properties consisting of two items as society. The Trial Court passed the decree on 16-11-1992 for recovery of an amount of Rs. 86,182.77 with future interest and cost. The decree which is a composite one reads as follows:-

(3.) The respondent herein levied the execution at the same time against the person and property of the judgment debtor - 2nd petitioner for realisation of the amount It is contended by the 2nd petitioner that the decree holder should have proceeded against the hypothecated properties in plaint A schedule at the first instance without proceeding against his person. By the impugned order, the execution court directed for his arrest and detention in civil prison. This order is assailed as an illegal one.