MATAL CHAMAR Vs. PHAGU RAI

JUDGEMENT

(1.) This is an application ia revision filed by the judgment-debtor against the concurrent enters of the two courts below allowing the prayer of the decree-holder for issuance of the warrant of arrest against the petitioner for detaining him in civil prison on the ground that he had means to pay the decree money, but had neglected to pay the same. The amount of the decree under execution was only Rs. 200/-. It was a decree for costs.

(2.) Learned counsel for the petitioner has relied on Section 58 (1A) of the Civil P. C, as it stands after amendment by the Civil P. C, (Amendment) Act, 1976 (Act No. 104 of 1976), which reads as follows:

(3.) An objection has been raised on behalf of the opposite party that no civil revision lies against the order. It is not necessary to decide this question for the petitioner has paid the deficit court-fee which may be required to be paid if this application is treated as an appeal. Hence the question whether an appeal is maintainable or a civil revision is maintainable is not very material.