D SAMRAJ ALIAS NEWRAJ Vs. K N NAGARAJAN

JUDGEMENT

(1.) The petitioner is the judgment debtor and -he has come forward to file the above Civil Revision Petition against the or- ders passed by the Court of District Munsif, Krishnagiri, made in E. P. No. 25 of 1999 in O. S. No. 3 of 1995 dated 29-9-1999.

(2.) Today when the above Civil Revision Petition was taken up for consideration in the presence of the learned counsel for the petitioner and with no representation made on the part of the respondent, in spite of the name of the respondent being printed in the list of today and therefore, this Court is left with no option but to decide the above Civil Revision Petition in consideration of the grounds pleaded, having regard to the ma- terials placed on record and upon hearing the learned counsel for the petitioner.

(3.) The learned counsel for the petitioner would give the sum and substance of the whole episode covering the above Civil Revision Petition coining to be filed stating that the subject matter is the decree amount of Rs.14,144,50. which is due from the petitioner to the respondent and on the E. P. initiated by the respondent in E. P. No. 25 of 1999 in the said suit praying to arrest the respondent and commit him to the civil prison. The execution Court would find that already similar proceedings initiated for the arrest of the petitioner as per E. P. No. 69 of 1996 and 37 of 1998 have been closed on account of non-co-operation of the police in causing the arrest of the petitioner and it came to be known that knowing the steps taken, the petitioner was in the habit of escaping from the place of residence to spine other place; that in his evidence, the Respondent has admitted to pay at the rate of Rs.500/- per month. But, he never adhered to the said assurance given before the Court, in spite of the respondent having his own means of earning by brokerage, by tailoring, by running S. T. D. booth and xerox machine and he is not a quarry worker as he has stated in the petition and would ultimately order the E. P. as prayed for, as per its order dated 29-9-1999.