CHANDRAKANTARAJ, J.

( 1 ) REVISION Petitioner is the Judgment debtor in the court below. He is aggrieved by the order dated 30th Nov , 1987 passed in Ex Case No. 79 of 1987 on the file of the Principal Munsiff at udupi, D K. The order directs arrest and detention in Civil Prison for three months in accordance with the provisions contained in Secs. 51 and 58 of the C. P. C. and also directs the Decree holder to deposit the subsistence allowance of Rs. 200/- tentatively

( 2 ) THAT the petitioner has suffered a decree is not in dispute. His defence was that he has no means to pay the decretal amount and therefore the decree cannot be executed by his arrest and detention in civil prison.

( 3 ) IT appears that an enquiry was conducted by the Court below. The decree holder has examined two witnesses. The two witnesses have failed to establish by any cogent evidence that the petitioner had means to pay the decretal amount with accrued interest as on the date of the order. Both have spoken to certain activities of the Judgment Debtor.

( 4 ) UNFORTUNATELY the executing court has not applied its mind to the law declared by the Supreme Court in regard to sections 51 and 58 of the C P. C. read

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