CHINARAJ Vs. KANTHASAMY

JUDGEMENT

(1.) THE petitioners, the judgment-debtors have filed this civil revision petition as against the order of arrest in S. P. No. 18 of 1996 on the file of the learned Subordinate Judge, Kallalkurichi, in execution of money decree passed against than in O.S.No.106 of 1985 on the file of the Sub Court, Viliupuram.

(2.) BOTH the petitioners, the judgment-debtors were ordered to be arrested through the impugned order dated 31.7.2000. The same is being challenged in this civil revision petition by both the judgment-debtors.

(3.) THE relevant provision relating to the execution of the decree is Section 51 C.P.C. THE perusal of the proviso to Section 51 would show that it makes it obligatory on the part of the executing Court to give an opportunity to the judgment-debtor to show cause as to why he should not be committed to prison before passing such an order. Thus, it applies not for ordering arrest of the judgment-debtor but only for committing him to prison. Section 51 proviso is as follows-