L.NARASIMHA REDDY
M. Venkataramanaiah – Appellant
Versus
Margadarsi Chit Fund Limited – Respondent
The subject matter of this revision is comparatively simple, but it provides the platform to discuss certain important aspects.
One G. Nagasuvarnamani, 2nd respondent herein, is a prized subscriber of the 1st respondent-Chit Fund Company. Surety was obtained from as many as 6 persons viz., the petitioner and respondents 3 to 7, for ensuring payment of instalments of the chit. On default being committed by the 2nd respondent, the 1st respondent filed O.S.No.54 of 2002 in the Court of Senior Civil Judge, Kadapa. The suit was decreed on 02.01.2003 for a sum of Rs.1,14,889/-. The 1st respondent got the decree transferred to the Court of Senior Civil Judge, Proddatur and filed E.P. No.129 of 2004, under Rule 37 of Order XXI C.P.C., against judgment debtors 4, 6 and 7 viz., respondents 5,7 and the petitioner herein, for their arrest. Respondents 5 and 7 remained ex parte. Therefore, the petitioner alone contested the matter. Through its order, dated 22.10.2007, the executing Court came to the conclusion that though the petitioner is possessed of sufficient means to pay the decretal amount, he did not honour the decree and accordingly, directed his arrest. This Civil Revision P
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