SASTRY Vs. BANK OF INDIA

JUDGEMENT

(1.) This appeal by the judgment-debtor is directed against the order and decree passed in E.P. No. 15 of 1975 on the tile of the Principal Subordinate Judge, Visakhapatnam, dt. 12-7-1976.

(2.) Bank of India, Visakhapatnam, represented by its duly constituted attorney, the first respondent herein filed an execution petition seeking the execution of a money decree against the appellant requesting the court below to arrest the appellant and send mm to civil prison after nonce for realisation ot tne E.P. amount in a sum of Rs. 21, 291-63 ps. That petition was ordered which is now appealed against. That order reads thus : "Balance not paid. Adjournment petition dismissed. Judgment- debtor have means to pay as per affidavit. Arrest judgment-debtors 1, 2 and 4 by 3-8-1976".

(3.) The learned counsel for the appellant contended that the above decision of the court below directing the arrest of the judgment-debtors is not in contormity with the mandatory provisions of precedural law whereas the learned counsel tor the respondents contended that the decision was quite legal, proper and valid.