KUPPUSAMY GOUNDER Vs. KANDASAMY GOUNDER

JUDGEMENT

(1.) THIS civil revision petition is directed against the order in E. P. No. 61 of 1985 in O. S. No. 632 of 1974 on the file of District munsif, Palani. 2. Short facts are'The respondent has obtained money decree against the revision petitioner and to realise the decree debt, he had filed e. P. No. 61/ 85. The revision petitioner resisted the same on two grounds viz. , that he had made part payment of rs. 2,000 and that he was not in a position to pay the decree debt. After elaborate enquiry, the learned District Munsif had held that the alleged part payment of Rs. 2,000 is false and that the judgment-debtor has got sufficient means to pay the decree debt but has been neglecting payment and had ordered arrest. Aggrieved by the said order, the judgment-debtor has come forward with this civil revision petition.

(2.) MR. Prabhu Rajadurai, the learned counsel appearing for the revision petitioner, would submit that on the evidence available in this case, the court below ought not have ordered arrest but could have directed the decree holder to proceed against the properties first or at any rate could have ordered payment in instalments or at least could have given some time for payment before ordering arrest. I have heard MR. Chakrapani, the learned counsel appearing for the respondent, on the above aspects.