MANSUKHRAM Vs. MUKHRAM

JUDGEMENT

(1.) THIS is an appeal by the judgment-debtor against the decision of the learned Senior Civil Judge, Ganganagar dated 8th January, 1958, in execution proceedings.

(2.) THE decree-holder respondent took out execution against the judgment-debtor and applied for sale of his immovable property as well as for his arrest and detention in civil prison. THE learned Civil Judge issued a warrant for the attachment of the judgement-debtor's property and also issued a notice against him to show cause why he should not be committed to civil prison. In response to this notice the judgment-debtor appeared and filed objections. One of the objections was that the decree had been adjusted outside the Court; according to its terms he had sent Rs. 1000/- to the decree-holder in July, 1957, but the decree-holder refused to accept it. Keeping this objection in view the learned Civil Judge on 3. 1. 58 ordered the judgment-debtor to deposit Rs. 1000/- within five days. THE judgment-debtor failed to comply with the order. THEreupon the learned Civil Judge passed an order that a warrant for the arrest of the judgment-debtor be issued. It is against this order that the present appeal has been preferred.