SUMERMAL Vs. PUTTAMREDDY KOTA REDDY

JUDGEMENT

(1.) THIS revision petition is against the order holding that the petition for .arrest of the Judgment-debtor under Order 21 Rules 37 and 38 C.P.C. is not maintainable. The decree-holder obtained a decree for an amount of more than Rs. 500/- in S.C. 24/1982. The petitioner filed the petition for committing the judgment-debtor to prison. The court below held that on the date when the petition is filed the amount due under the decree did not exceed Rs. 500/- and as such the petition is not maintainable in view of Section 58(1A) C.P.C. Sec. 58 C.P.C. enumerates the circumstances in which the person can be detained and Sec. 58(1 A) is as follows :

(2.) THE order of the court below is set aside. C.R.P. allowed. No costs.