N SEKAR Vs. LAKSHMI

JUDGEMENT

(1.) THIS revision has been filed by the petitioner, who is the judgment Debtor, against the order passed by the lower Court (EP Court) in REP.No,266 of 2007 in O.S.No,32 of 2001.

(2.) THE respondent/decree holder had launched the execution proceedings for the arrest of the respondent under Order 21 Rule 38 of CPC and to put him in prison since he has not paid the decree amount in one lumpsum. THE Execution Court had, after hearing the arguments of both sides, on 31.07.2008 allowed the petition and posted for payment. However, the petitioner/judgment debtor had filed the counter stating that he was working as Assistant and already a sum of Rs.48,000/- had been realised by the way of attachment of his salary in REP.5 of 2004 and the present petition has been filed with the object of harassing the petitioner herein/judgment debtor. THE said contention was not accepted by the lower Court and the petition was allowed.

(3.) THE learned counsel for the respondent would submit in his argument that the petitioner is working as an Assistant in Co-operative Bank still and he has got means to pay in one lumpsum and the amount ordered by the trial Court was on the basis of the capacity to pay the amount by the petitioner and therefore, the lower Court satisfied itself before passing the order of arrest and the order passed by the lower Court is perfectly correct.