SATYANARAYANA RAJU, O. C. J.

( 1 ) C. M. A. NO. 281 of 1963 is filed against an order of the Subordinate Judge s Court, Kakinada, made an on execution petition. The order reads as follows :-"counter of second judgment-debtor alone is filed, on 9th August, 1963. Second judgment debtor called-absent. Ex parte. Affidavit discloses grounds for arrest. Arrest second judgment - debtor-20th September, 1963. "

( 2 ) IT is contended by the learned counsel for the appellant that this order contravenes the provisions of section 51 of the Code of Civil Procedure inasmuch as there was no enquiry and a finding as contemplated by that section. It is, however, argued by Sri M. Suryanarayanamurthy, learned counsel for the decree-holder, that where a Court issues a warrant either under sub-rule (1) or under sub-rule (2) of rule 37, it does not do so with the intention of committing the person against whom the warrant is issued to prison ; that it only issues such a warrant to secure the presence of such a person in Court, and that, therefore, the provisions of section 51 or Order 21, rule 40, are not applicable to such a case. Authority for this view is to be found in the judgment of Mudholkar, J. ,

Click Here to Read the rest of this document