B.K.SOMASEKHARA
Aluru Venkata Rao – Appellant
Versus
Kodali Venkata Sri Krishna Jaganmohana Rao – Respondent
ORDER :
1. The order of the learned District Munsif (Sri P. Laxminarayana), Nuzvid in E.P. No. 12/91 (O.S. No. 244/89) dated 16-6-1994 is challenged in this revision petition. The petitioner is the Judgment-debtor in E.P. 12/91 and respondent is the Decree-holder. The decree-holder was executing the decree obtained by him as against the petitioner. The respondent sought the assistance of the Court to arrest and detain the petitioner in civil prison till he paid the decretal amount. The petitioner resisted the execution petition pleading that he had no income and that he was unable to maintain himself and his family members with the meagre income he was getting. He also undertook to clear off the decretal amount in two years. The learned Munsif after hearing both the sides and on the basis of the material available before him came to the conclusion that there was no merit in the resistence of the petitioner and ordered issue of arrest warrant to keep him in civil prison.
2. The learned Advocate for the petitioner has contended that the impugned order passed by the learned Munsif is illegal and unenforceable.
3. He has pointed out Section 51(b) of C.P.C. in support of his contention
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