(1.) In execution of a money decree in S.C.O.S. No. 571/1 of 1953-54. on the file of the Chief Judge, City Small Cause Court, Hyderabad, the judgment- debtor, Jagannadhan, was arrested under section 55, Civil Procedure Code and brought before the Second Assistant Judge, City Civil Court, Hyderabad. Then, the judgment-debtor expressed his intention to apply to be declared as insolvent and prayed to be released on giving security. The personal security of one V. Keshavan Nair, son of late K. V. A. Nayar, Proprietor, M/s. Neo Sanitary and Electrical Engineers and Contractors, was given. The bond executed by V. Keshavan Nair is as follows :
(2.) On this bond being executed, the judgment-debtor was released from arrest. It is not denied that he presented an application in the insolvency Court to be adjudged as insolvent. The decree-holder, thereafter, filed E.A. No. 43 of 1965 in the lower Court under section 151, Civil Procedue Code, praying the Court to review the order passed on loth December, 1964, accepting the security and releasing the judgment-debtor from arrest to enable the latter to file the insolvency petition. In this petition, the lower Court passed an order dated 27th September, 1965. In that order, the lower Court, after overruling the other objections, referred to the fact that the security was accepted and cannot be re-opened again. But, it proceeded to state as follows:
(3.) It is against this order that the judgment-debtor has filed this revision petition under section 115, Civil Procedure Code. It is contended that the order of the lower Court is wholly without jurisdiction and outside the scope of section 55, clause (4), Civil Procedure Code, which reads as follows :