This civil revision petition by the judgment-debtor-respondent in R.E.P.No.172 1990 on the file of the Subordinate Judge’s Court, Krishnagiri, is against the order 2.12.1991 in the said petition for his arrest.

2. Admittedly, pursuant to notice under O.21, Rule 37, C.P.C. the judgment-debtor before the executing court and filed his counter to the said execution petition for his and detention in prison. No doubt the petitioner was paying several amounts towards decree amount on different dates, on which the execution petition was posted. But, abovesaid date 2.12.1991, he did not appear before court and he did not also pay a Rs.6,000 which he was directed to pay in the preceding hearing date. Therefore, he ex parte by the impugned order and the execution court below, observing ordered arrest by 31.12.1991.

3. The learned counsel for the petitioner submits that this order is against the procedure prescribed under O.21, Rule 40, C.P.C. According to the said provision, when the judgment debtor appears before court, pursuant to notice under O.21, Rule 37, C.P.C., "the court proceed to hear the decree-holder and take all such evidence as may be produced by him support of his a