SANKAR Vs. ISMAIL

JUDGEMENT

(1.) This Civil Revision Petition is filed against an order of the Principal District Munsif, Kurnool made in E.P. No. 155/78 in O S. No. 666/77.

(2.) O.S No. 666/77 was filed by one Ismail against one Sankar, the present petitioner, for recovery of a small sum of Rs. 1825-37 as due under a khata maintained by Sankar with I>mail in the latter's cloth shop. The allegation was that Sankar purchased during December, 1974 to May, 1975 cloth from Ismail's shop. That suit was contested by Sankar by raisding a variety of pleas. He had denied that he had ever purchased the cloth on credit from the plaintiff and he had also pleaded that he is a small farmer within the meaning of Act 7 of 1977. Subsequently, however, the suit was decreed.

(3.) Sankar was an employee of the State Bank of India, Kurnool. Long prior to the filing of the aforesaid suit the Branch Manager, State Bank of India, Kurnool wrote a letter to Ismail's lawyer requesting him not to institute any legal proceedings against Sankar for recovery of the amounts due and promising payment of the amount by the middle of April of that year in a lumpsum from and out of the realisation of the sale price of tobacco crop. Evidently Sankar never kept his promise. Ismail had been forced to file his suit. Now the suit had been decreed. Ismail had taken out execution and sought the arrest of Sankar. The Executing Court by its order dated 7th July, 1980 directed the arrest of the judgment debtor and his dentcntion in a civil prison. It is against that order of the Executing Court the present Revision Petition has been filed.