R V J 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 file 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 him to civil prison after notice for realisation of the E.P. amount in a sum of Rs. 21, 291-68 Ps. That petition was ordered which is now appealed against. That order reads thus:

(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 conformity with the mandatory provisions of procedural law whereas the learned counsel for the respondents contended that the decision was quite legal, proper and valid.