MUNASWAMI Vs. K MALLIKARJUNA

JUDGEMENT

(1.) This civil revision petition is filed by the revision petitioner-judgment- debtor in OEP No.62/98 in OS No.204/81 on the file of Junior Civil Judge, Palamner.

(2.) The respondent herein, the decree- holder in the said E.P. tiled seeking arrest of the judgment-debtor and to commit him to civil prison in case of non-payment of decretal amount. For the purpose of convenience the parties will be referred to as decree-holder and judgment-debtor.

(3.) The facts in nutshell are that the decree-holder filed OEP No.62/98 in OS No.204/81 on the file of Junior Civil Judge, Palamner seeking the arrest and detention of the judgment-debtor for non-payment of decretal amount and in the affidavit filed in support of the EP the facts relating to the means of the Judgment-debtor had been furnished and the judgment-debtor filed a counter contending that he is a very old man and he has no means to pay the decretal debt and also had taken a stand that the decree in question is dated 6-4-1982 and the EP is filed on 15-6-1998 which is clearly beyond the period of limitation. PWs. 1 and 2 were examined on behalf of the Decree- holder and judgment-debtor had examined himself as RW1 and Ex.Pl certified copy of the decree in AS No. 180/86 against IP No.1/82 on the file of Additional Subordinate Judge, Chittoor, was marked. On appreciation of the oral and documentary evidence, the Court below had arrived at a conclusion that the judgment-debtor is having means to pay the decretal amount and in view of Section 78(2) of the Provincial Insolvency Act, the EP filed by the decree-holder is within the period of limitation and had directed the issuance of arrest warrant. The judgment-debtor, aggrieved by the same, had filed the present civil revision petition raising several grounds, the most important being the question of limitation.