A CHETTY Vs. A RANGAN

JUDGEMENT

(1.) THIS civil revision petition is directed against the fair and decretal order dated 6.9.2001 made in E.P. No.53 of 2000 in O.S. No.340 of 1995 by the Court of District Munsif, Dharmapuri thereby allowing the application filed by the plaintiff underO.21, Rules 22, 37 and 38 seeking arrest and detention in the civil prison of the petitioner herein.

(2.) TRACING the history of the case, it comes to be known that the respondent herein who is the plaintiff is the decree-holder in the suit in O.S. No.340 of 1995 wherein the decree amount is Rs.18,204; that the revision petitioner has got property worth Rs.75,000 which is fetching income of Rs.2,000 per year; that he is receiving a salary of Rs.7,000 per month and in spite of having the capacity to pay the decree amount, he has failed to do the same and hence praying for arrest and detention in civil prison.

(3.) IN a decision reported in Iyyam Perumal v. Chinna Gounder (1984)1 MLJ. 195 the learned single Judge of this Court has revised the order of arrest wherein an ex parte order of arrest was made.