SHEIK SNJAUDEEN Vs. T ARUMUGHAM CHETTIAR

JUDGEMENT

(1.) THIS revision petition has been brought by a judgment-debtor against an order passed by the executing Court ordering his arrest and detention in the civil prison in execution, of a money decree in which the balance amount payable is Rs. 4,905.

(2.) THE executing Court ordered his arrest, I am disposed to allow this civil revision petition and set aside that order for the reasons given below. THE decree in this case was passed on 21st December, 1977. THE application for execution for the arrest of the judgment-debtor was filed by the decree-holder on 23rd February, 1978. In the affidavit in support of his petition, the decree-holder alleged that although the judgment-debtor was possessed of a house, lands and other properties and was also in receipt of a good income, he had not cared to pay the decree amount, all with a view to cause loss to the decree-holder. On receipt of this execution petition, the Court gave notice to the judgment-debtor on 3rd March, 1978. After service, the judgment-debtor entered appearance and requested the Court to grant time for filing his counter-affidavit. At the adjourned hearing, however, the judgment-debtor's learned counsel did not file a counter-affidavit, but prayed for a month's time for payment. On 5th August, 1978, a sum of rs. 300 was paid by the judgment-debtor and part-satisfaction was recorded by the Court, and the matter adjourned. Again, on 30th August, 1978, another payment of Rs. 200 made by the judgment-debtor was recorded. Having entered part- satisfaction of this amount, the executing Court proceeded to pass the following order:'this is not substantial payment. THE balance is rs. 5,500 and J. D. has means to pay. Arrest and detain J. D. by 16/9'. It is this order which the judgment-debtor has brought before this Court in revision.

(3.) I am, therefore, satisfied that the order passed by the executing Court is illegal, as well as procedurally irregular. The order is accordingly set aside and the execution petition is dismissed. The civil revision petition is, therefore, allowed with costs here and in the Court below. Petition allowed.