ARUMUGHAM Vs. MUTHUKUMARASWAMI

JUDGEMENT

(1.) The Judgment debtor against whom the Executing Court has passed an order directing his arrest for detention in civil prison is the petitioner in the present revision filed against the said order of the executing Court. The respondent herein is the decree holder.

(2.) An ex parte decree was obtained by the respondent herein against the revision petitioner on 30.06.2011 in O.S.No.36 of 2011 on the file of the Additional Subordinate Judge, Chengalpattu. In the decree, the revision petitioner/judgment debtor was directed to pay a sum of Rs.2,03,900/- together with an interest at the rate of 12% p.a from the date of plaint till the date of decree and a further interest at the rate of 6% p.a from the date of decree till realization on the principal component of the plaint claim, namely Rs.1,50,000/- and also costs.

(3.) Since the revision petitioner/judgment debtor did not make payment of the decreetal amount, the respondent herein/decree holder levied execution by presenting E.P.No.105 of 2011 for recovery of the decree amount by effecting arrest of the judgment debtor and detaining him in the civil prison. As the Execution Petition is one for arrest, the learned Additional Subordinate Judge, Chengalpattu issued notice to the revision petitioner herein/judgment debtor and the revision petitioner filed a counter stating that he has got no means to pay the decree amount. It was also contended that a man of no means could not be arrested in execution of a decree for payment of money.