JOGESH CHANDRA SINGH Vs. TINKORI DATTA

JUDGEMENT

(1.) This is a miscellaneous second appeal by a decree-holder from an order of the learned Additional District Judge of Manbhum-Singhbhum, reversing an order of the Subordinate Judge of Dhanbad by which he had ordered the respondents to be arrested under Section 51, Civil P.C.

(2.) It appears that the decree-holder holds a decree for Rs. 1666-11-0 against the judgment-debtor respondents. Judgment-debtor 2 is a headmaster in the Santal Parganas earning a monthly salary of Rs. 112, judgment-debtor 1 earns Rs. 35, judgment-debtor 4 earns Rs. 14 a month, and the other judgment-debtor is a minor.

(3.) The learned Subordinate Judge was of opinion that the judgment-debtors had sufficient means to pay the debt or a substantial portion thereof and accordingly ordered their arrest. This order was reversed by the learned District Judge as he held as a fact that the respondents had no means to satisfy the decretal amount or any substantial portion thereof.