K VIJAYAN Vs. K G KUPPUSAMY

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 10. 3. 2003 passed by the Sub-Judge, Gudiyatham, Vellore District in E. P. No. 29/2001 in O. S. No. 342/1999.

(2.) THE 3rd respondent in E. P. No. 29/2001 is the revision petitioner before this court. The 1st respondent herein is the plaintiff in O. S. No. 342/1999 on the file of the Sub Judge, Gudiyatham for recovery of money. The suit was decreed on 4. 2. 2000 and the decree holder filed E. P. No. 29/2001 praying to issue notice to the defendants in the suit under Order 21 Rule 37 of C. P. C. to realise the decree amount and in case of default to issue arrest warrant under Order 21 Rule 38 of C. P. C. and to commit them to civil prison to realise the decree amount. An affidavit was filed by the decree holder in E. P. No. 29/2001 in support of the Execution Petition. It is stated by him that in I. A. No. 533/1997 an order of Attachment Before Judgment was obtained by him and in spite of that the property was sold by the revision petitioner who is working as Manager in Petrol Bunk at Gudiyatham, earning a sum of Rs. 6,000/- per month.

(3.) A counter affidavit was filed by the revision petitioner in E. P. No. 29/2001 stating that he is only a cooly and has no means to pay the debt. The execution court by order dated 10. 3. 2003 allowed E. P. No. 29/2001 ordering arrest of the revision petitioner and to produce him before the court on or before 11. 4. 2003. Aggrieved by the order of arrest dated 10. 3. 2003, the above revision petition has been filed.