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1978 Supreme(Cal) 412

SALIL KUMAR DATTA
CHANTI CHARAN PAL – Appellant
Versus
MONINDRA NATH DAS – Respondent


Advocates Appeared:
MRITYUNJOY PALIT, P.B.DAS, S.P.ROYCHOWDHURY

SALIL KUMAR DATTA, J.

( 1 ) THESE three Rules are direct-ed against three orders issuing a warrant of arrest of the judgment-debtor, who is the petitioner before me, in execution of three decrees for money against him. It was submitted by Mr. Palit that before passing the orders no opportunity was given to his client to oppose the applications of the decree-holders for issue of warrant of arrest against his client. This contention is, not correct as the records show otherwise.

( 2 ) MR. Palit, however, has taken a point of law which appears to be of sub-" stance. The proceedings arise out of execution of decrees passed by S. C. C. Court and each of the decrees is much below the sum of Rs. 500/ -. Section 58 (1) of the Code of Civil Procedure prior to its amendment as stated below, provided as follows :"every person detained in civil prison In execution of a decree shall' be so dp-tained -- (a) where the decree is for payment of a sum of money exceeding fifty rupees for a period of six months and, (b) in any other case for a period of six weeks. . . . . "

( 3 ) THE Code of Civil Procedure has been materially amended by the Code of Civil Procedure Amendment Act 1976 (No. 104 of 197



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