( 1 ) THE present Revision Application is filed by the original judgment debtor in Darkhast No. 45 of 1975 pending in the Court of the learned Civil Judge (JD) Borsad against the order passed by the learned Joint Dist. Judge Kheda at Nadiad on 21-2-1981 in Regular Civil Appeal No. 201 of 1980. The said appeal was filed against the order passed by the learned Civil Judge (JD) Borsad on 21-10-1975 in Exh. 1 in Regular Darkhast No. 45 of 1975. By the said order the learned Civil Judge ordered that the judgment debtor be detained in civil prison till he undertakes not to enter the suit land. The learned Civil Judge also ordered that warrant for the arrest of the Judgment Debtor be issued after the judgment creditor deposits in the court the amount of subsistence allowance for a period of one month.

( 2 ) THE short question that is raised in this revision application is whether in execution of a decree for permanent injunction the Court has power to detain the judgment debtor in civil prison for more than six months.

( 3 ) THE short facts leading to the present revision application can be stated as under:

( 4 ) THE deceased father of the respondent named Pandya Ambalal Narshibhai of village Asodar had filed a suit against the present petitioner being the Civil Suit No. 174 of 1967 in the Court of Civil Judge (JD) at Borsad for obtaining permanent injunction restraining the petitioner from obstructing him his use occupation and enjoyment of the suit land. In the said suit decree was passed on 14-11-1970 by the learned Civil Judge in favour of the deceased father of the respondent and against the petitioner. After the death of the father of the respondent the respondent has filed execution petition in the court of the learned Civil Judge (JD) Borsad being the execution petition No. 45 of 1975. The said execution petition was filed by the respondent against the appellant petitioner as the petitioner has committed breach of the injunction which was granted against him by the learned Civil Judge (JD) Borsad in the suit filed by the deceased father of the respondent. In the said execution proceedings the above mentioned order was passed by the learned Civil Judge (JD) Borsad on 27-10-1975.

( 5 ) IT may be stated that after the order was passed by the learned Civil Judge (JD) Borsad the present petitioner was sent to Jail for period commencing from 19/09/1978 to 7/10/1978. It appears from the facts stated by the learned Advocate Shri S. D. Patel appearing for the petitioner that against the said order dated 27-10-1975 an appeal being Regular Civil Appeal No 127 of 1978 was filed before the District Court Kheda at Nadiad and that came to be dismissed on the point of limitation only by the order dated 27-8-1979 and against the said order a revision application being Civil Revision Application No. 327 of 1980 was filed in this Court which was also summarily dismissed.

( 6 ) IT is also pointed out that after the revision application filed in this Court came to be dismissed on 9-3-1930 an amount of Rs. 180. 00 was deposited on 21-4-1980 and the petitioner-judgment debtor was again taken into custody and committed to civil prison and thereafter the respondent having deposited the amount of Rs. 180. 00 every month the petitioner-judgment debtor was ordered to be kept in civil prison from month to month.

( 7 ) HENCE the petitioner preferred the Regular Civil Appeal No. 201 of 1980 before the District Court at Nadiad which came to be dismissed by the order dated 21-2-81. Hence the present revision application has been filed by the petitioner-judgment debtor. After the petitioners detention for six months in civil prison in execution of the decree the question arose as to whether the subsistence allowance can be accepted. The District Court asked that the subsistence allowance cannot be accepted after the expiry of six months. It appears that the learned Civil Judge (JD) also wrote a letter to the District Court on 16 and in the sai