SUBRAMANYA GOUNDER Vs. PERUMALAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed challenging the order-dated 25.08.2006, made in E.P.No.47 of 2006 in O.S.No.366 of 2001, on the file of the learned Subordinate Judge, Palani.

(2.) BRIEF facts of the case are as follows:- The respondent herein has filed a suit in O.S.No.366 of 2001, on the file of the learned Subordinate Judge, Palani, against the petitioner herein for recovery of money. The learned Subordinate Judge has passed a decree on 10.10.2002, in favour of the respondent herein. To execute the said decree, the respondent/plaintiff has filed E.P.No.47 of 2006, on the file of the learned Subordinate Judge, Palani. In the said E.P., the learned Subordinate Judge by an order dated 25.08.2006, ordered to arrest the petitioner herein. Challenging the said order of arrest, the petitioner has come forward with this civil revision petition.

(3.) FOLLOWING the said decision in Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470 this Court in Anama gounder v. A.C.Ponnusami, AIR 1982 Mad.31, has held as follows:-