1. These two revision petitions are sought to be filed against common order passed by the lower Court refusing to recall arrest warrant and refusing to give direction to the decree holder (DHr) to proceed against attached properties of the judgment debtor (JDr) or granting instalments @ Rs.1,000/- to the JDr. The matter arises out of execution proceedings relating to execution of a money decree which was passed on 21.10.2002 for Rs.2,56,036/- with subsequent interest at 12% per annum. Though previously several execution petitions were filed, the DHr. was unsuccessful in getting his money due under the decree. Inspite of the petitioner/JDr. was arrested in previous execution and brought to Court, when there was award from Lok Adalat with consent of both the parties, the JDr. did not honour the said award and became a defaulter. Therefore, the DHr. filed the present E.P. for arrest and detention of the judgment debtor in prison.

2. In Jolly George Varghese v The Bank of Cochin ((1980) 2 Supreme Court Cases 360) though the Supreme Court observed that to be poor, in this land of ‘daridra narayana’, is no crime and to recover debts by the procedure of putting one in prison is to