K N GANGAPPA Vs. A M SUBRAMANYA MUDALIAR

JUDGEMENT

(1.) THIS revision is directed against an order directing arrest of judgement debtors in R.E.P. 483 of 1984 on the file of the District Munsif of Gudyatham. On the day when the matter was called the judgement-debtors were absent. The Court, acting on the affidavit filed by the decree-holder, found that the judgement-debtors have got sufficient means and ordered arrest by 31-1-1986. That order is now challenged on the ground that the Court has not found as a fact that the judgement-debtors have or have had since the date of the decree, the means to pay the amount of the decree, or some substantial part thereof and have refused or neglected to pay the same. There is an inhibition contained in the Proviso to S.51, C.P. Code. That inhibition applies only to an order for detention in prison and not to an order for arrest. If authority is needed for that proposition it is to be found in Putta Ramiah v. Hajee Ibrahim Esack and Sons, ILR (1958) Mys 869 .The order of the Court below is correct and it is confirmed.

(2.) THE revision petition is dismissed; but without costs. Mr. R. Thiagarajan, learned counsel for the revision petitioners prays that the judgement-debtors, who are in poor circumstances, may be granted time to raise money. Two months' time is granted to judgement-debtors to pay the decree debt. Petition dismissed.