( 1 ) THIS revision petition is filed being aggrieved by the order dated 28-6-1999 passed by the Principal Junior Civil Judge, Kurnool on EA No. 563 of 1999 in EP No. 316 of 1997 in OS No. 256 of 1996. By the impugned order, the petition filed by the petitioner-judgment debtor in EA No. 563 of 1999 to determine the disobedience of the decree in terms of Section 47 of CPC is dismissed on the ground that the petitioner after notice look adjournment for one year for filing counter and he did not file counter. Consequently vide order dated 14-10-1998 in EP No. 316 of 1997 in OS No. 256 of 1997, the Court below directed detention of the petitioner -judgment-debtor for disobedience of the decree of the Court.

( 2 ) THE learned Counsel for the petitioner contended that the Court below has failed to exercise its jurisdiction vested under Section 47 of CPC and, therefore, the impugned order is illegal. In support of his contention, he relied upon the judgments reported in Thakur Prasad v. Kasturi Narain, AIR 1935 All. 364, and K. Ram Mohan v. Mogal Ahmed Baig, 1997 (5) ALD 616 = 1997 (5) ALT 85. The Counsel appearing for the respondent strenuously supported the impugned ord