JAIN, J.

( 1 ) THIS Is a special appeal under Section 18 (2) of the Rajasthan High Court ordinance, 1949 by leave of a Single Judge of this Court.

( 2 ) LABHMAL had a money decree against Lalchand, judgment-debtor for a sum of rs. 5,862/ -. By his application dated 12-7-1962 in the execution court, he prayed for the arrest and detention of the judgment-debtor in civil prison. On notice the respondent judgment-debtor opposed the application under Section 47 of the Code of Civil Procedure. After enquiry, the Civil Judge, Jodhpur ordered the judgment-debtor to be sent to civil prison for six months. In appeal against this order the learned District Judge held that in view of the proviso to Section 51 of the Code of civil Procedure, the judgment-debtor was not liable to arrest and detention in civil prison. He accordingly set aside the order of the execution court and allowed the appeal by his order dated 7th April, 1965.

( 3 ) THE decree-holder presented an appeal against this order on 12th July, 1965 on the last day of limitation in the High Court. The memorandum of appeal was accompanied only by a copy of the judgment. Copy of the order-sheet was not submitted. On 21-7-19