RAMASAMY Vs. PUSHPA

JUDGEMENT

(1.) This is a judgment debtor's revision as against the order of the learned Principal Sub Judge, Tiruvannamalai in E.P.No.99 of 2007 in O.S.No.3 of 2005 directing his arrest and detention in Civil prison for not discharging a decree debt.

(2.) In O.S.No.3 of 2005 on the file of the learned Principal Sub Judge, Tiruvannamalai, the plaintiff/respondent sued the defendant/revision petitioner for Rs.1,65,000/- with 9% interest p.a. and with future interest @ 6% p.a. due on a debt found on a promissory note. Ultimately, on 14.11.2006, the suit was decreed. The defendant became a judgment debtor. The plaintiff became a decree holder.

(3.) To collect the decree debt now amounting to Rs.2,38,091/- the decree holder levied execution in E.P.No.99 of 2007 by arresting the judgment debtor and putting him in civil prison. The Execution Court issued him show cause notice. He appeared. He filed his counter. He pleaded no means. Enquiry was conducted. The decree holder let in 'means evidence'. The judgment debtor let in 'no means evidence'.