ORDER :- The petitioner is one Anama Gounder, against whom the respondent had obtained a decree for money in the sum of Rs. 1618. The decree holder sought to levy execution against the judgement debtor by applying for his arrest and detention in civil prison. The judgement debtor resisted the execution proceedings on the score that he was a small farmer within the meaning of Act 31 of 1976, entitled to scaling down the debt.

2. The learned District Munsif, found on the evidence that the judgement debtor could not be regarded as a small farmer. Having disposed of the judgement debtor's objection to execution based on Act No.31 of 1976, the learned District Munsif then proceeded to give a disposal to the execution petition in the following manner-

"The respondent does not plead that he has no means to pay the decree amount...... The petition is posted to 25-7-1978 for the payment of the entire amount by the respondent. If the respondent fails to pay the decree amount by then, arrest will be ordered."

This order of the learned District Munsif has been brought before this Court in revision by the judgement debtor.

3. Mr. M.V. Krishnan, learned counsel for the petitioner, does not