ANNADURAI Vs. SUBBURAJ

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of arrest order passed in E.P. No. 15 of 2012 in O.S. No. 27 of 2006 by the Execution Court/Sub Court, Kovilpatti. By the money decree passed by the learned Sub -Judge, Kovilpatti in O.S. No. 27 of 2006 the revision petitioner became a judgment debtor and the respondent became a decree holder.

(2.) IN realization of the decree debt, the respondent levied execution in E.P. No. 15 of 2012 by seeking arrest of the judgment debtor. The decree debt was calculated at Rs. 2,14,676.50. The execution Court ordered arrest of the judgment debtor. The Court bailiff arrested him. As the judgment debtor paid Rs. 2,000/ -, part satisfaction was recorded and he got a temporary reprieve.

(3.) THE learned counsel for the revision petitioner contended that already the revision petitioner has petitioned the Insolvency (Sub Court) Court, Kovilpatti in I.P. No. 3 of 2010. As per Section 55(3) C.P.C. when a person has given I.P., he cannot be arrested. And Section 55(4) C.P.C., gives him liberty to mention before the Execution Court his intention to move the insolvency Court, then he shall not be arrested.