CHANTI CHARAN PAL Vs. MONINDRA NATH DAS

JUDGEMENT

(1.) These three Rules are direct-ed against three orders issuing a warrant of arrest of the judgment-debtor, who is the petitioner before me, in execution of three decrees for money against him. It was submitted by Mr. Palit that before passing the orders no opportunity was given to his client to oppose the applications of the decree-holders for issue of warrant of arrest against his client. This contention is, not correct as the records show otherwise.

(2.) Mr. Palit, however, has taken a point of law which appears to be of sub-" stance. The proceedings arise out of execution of decrees passed by S. C. C. Court and each of the decrees is much below the sum of Rs. 500/-. Section 58(1) of the Code of Civil Procedure prior to its amendment as stated below, provided as follows :

(3.) The Code of Civil Procedure has been materially amended by the Code of Civil Procedure Amendment Act 1976 (No. 104 of 1976). By Section 22 of the amending Act, Section 58 of the Code was amended in respect of Sub-section (1) where for the words "fifty rupees, for a period of six months, and", the words "one thousand rupees, for a period not exceeding three months, and" have been substituted. After Sub-section (1) the following Sub-section as (1A) has been inserted :