SELVAM Vs. R K R SELVARAJ

JUDGEMENT

(1.) This Civil Revision Petition has been filed against E.P.No.12/2011 in O.S.No.40/2007 on the file of the Sub-Court, Thiruvarur whereby warrant of arrest is issued in execution of the decree made in O.S.No.40/2007.

(2.) Heard the learned counsel for the petitioner as well as the respondent.

(3.) Admittedly the petitioner, who is the defendant in O.S.No.40/2007 on the file of the Sub-Court, Pattukottai, suffered a decree whereby the trial Court directed the petitioner herein to pay a sum of Rs.2,37,825/- with interest to the respondent herein by its judgment dated 06.03.2009. As the amount decreed by the trial Court was not paid by the petitioner, an execution petition came to be filed in E.P.No.12/2011 for recovering the said decreetal amount and by sending him to civil prison as stipulated under Order 21 Rule 38 and Section 55 of the Civil Procedure Code. It is seen that in the said execution proceedings, warrant of arrest was issued against the petitioner on 24.08.2012 as the petitioner did not make payment and also remained absent. It is also seen that in the said execution petition, the petitioner had already executed a Muchilika undertaking to pay the claim in the execution petition on or before 23.04.2012 and if such payment was not made, the petitioner has specifically undertaken that he is willing to abide by the order passed by the Court below. Inspite of giving such undertaking, the petitioner did not make further payment and a consequential order of arrest was made on 24.08.2012. Aggrieved by the same, the present Civil Revision Petition is filed.