LAWS(APH)-1998-3-14

M S KHAN Vs. KARRI APPA RAO

Decided On March 17, 1998
M.S.KHAN Appellant
V/S
KARRI APPA RAO, DRIVER, APSRTC, VISAKHAPATNAM Respondents

JUDGEMENT

(1.) Heard both the Counsel.

(2.) This revision is filed on the execution side. Judgment-Debtor is thepetitioner herein. The learned Counsel for the petitioner submits that the lower Court has illegally committed the petitioner to Civil imprisonment after arrest in execution of decree.

(3.) It is stated that the petitioner was arrested on execution of the warrant and brought to the Court on 13-7-1995 when execution petition was filed under Order 21 Rule 37 C.P.C. to order arrest of the petitioner-Judgment Debtor after issuing notice under Rule 37 C.P.C. to realise the E.P. amount. It is stated that the E.P. amount to be realised from the Judgment-Debtor is Rs. 42,849-25 ps.