T. VEERASAMY Vs. A. VENKATACHALAM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 30.7.2009 passed by the learned Subordinate Judge, Mettur, Salem District made in R.E.P. No. 88/2007 in O.S. No. 156/2002. The petitioner is the defendant in O.S. No. 156/2002 on the file of the Sub Court, Mettur. The respondent filed the said suit for recovery of sum of Rs. 32,600/- from the petitioner herein. The suit was decreed on 28.11.2003.

(2.) Thereafter, the respondent filed an Execution Petition in REP. No. 88 of 2007 for recovery of the amount by way of arrest and detention of the judgment debtor in the civil prison. The petitioner filed his counter by contending that instead of proceeding against the property of the judgment debtor, the decree holder filed the Execution Petition for arrest and detention of the judgment debtor in the civil prison, which is not sustainable in law. The leaned Sub Judge, Mettur, after considering the objections raised by the Judgment debtor, passed an order, directing the judgment debtor to make payment by 14.8.2009. Aggrieved by the order, the judgment debtor has filed the present civil revision petition before this Court.

(3.) Heard Mr. V.C. Selvasekaran, learned counsel for the petitioner/judgment debtor.