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1996 Supreme(AP) 1092

A.HANUMANTHU
Kanneganti Anjaneyulu – Appellant
Versus
State Bank of India, rep. , by its Branch Manager, Tenali – Respondent


A. HANUMANTHU, J.

( 1 ) THIS revision is directed against the order dated 11-11-1991 passed in E. P. No. 124/90 in O. S. No. 15/87 on the file of the Principal Subordinate Judge, tenali.

( 2 ) THE revision petitioners are the judgment-debtors 2 to 5 and the respondent herein is the decree-holder in E. P. No. 124/90. In execution of the decree in O. S. No. 15/87, the respondent filed E. P. No. 124/90 for arrest of the judgment-debtors after issuing notices under Order 21 Rule 37 C. P. C. The notice under Order 21 Rule 37 C. P. C. was issued to the judgment-debtors 2 to 5, but they did not appear in Court in pursuance to the said notice on 11-11-1991. Hence, they were set ex parts and arrest of the judgment-debtors 2 to 5 was ordered. Assailing that order, the judgment-debtors have come up with this revision petition.

( 3 ) HEARD the learned Counsel for the petitioners and the respondent, and perused the lower Court order.

( 4 ) THE learned Counsel for the petitioners submits that the impugned order directing the arrest of the judgment-debtors is violative of both the letter and spirt of Section 51 and Order 21 Rule 37 C. P. C. and the learned Subordinate judge has not given any reaso





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