VENKATESWARA RAO, J.

( 1 ) THIS revision arises out of proceedings in execution and the judgment-debtor is the petitioner before this Court.

( 2 ) THE respondent, who obtained a decree against the petitioner in O. S. No. 277/75 on the file of the District Munsif, Chodavaram, applied for its execution by arrest and detention of the petitioner in civil prison. This petition, E. P. 162/76, was opposed by the petitioner on the ground that he is a small farmer within the meaning of the Andhra Pradesh Act 7 of 1977 and that the debt due under the decree should therefore be deemed to have been discharged in full as that decree would abate. The learned District Munsif rejected the petitioner s case that he is a small farmer as defined in Section 3 (t) of Act 7 of 1 977 and ordered his arrest. The petitioner thereupon carried the matter in appeal to the Subordinate judge, Chodavaram. The respondent questioned the maintainability itself of the appeal on the ground that the order sought to be assailed in it is one made under Section 47 of the Code and that since an order made under that Section ceased to be a decree after the amendment of the Code, by CPC. (Amendment) Act 104 of 1976, the reme

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