JUDGMENT :- This appeal arises in the following circumstances. The appellant, Ayyaswami Gounder, is the judgment debtor in O. S. No. 1835 of 1970 on the file of the District Munsif Court, Pollachi. On 30-3-1970 Nachimuthu Gounder, the respondent herein, obtained a decree for Rs. 1633-50 against the appellant. No payment was made towards the decree and on 14-9-1971 the decree-holder filed E. P. 153 of 1971 under Order 21, Rule 11 (2), Civil P. C. praying for the arrest of the judgment-debtor. Notice of this E. P. was ordered and the judgment-debtor was served. As he remained ex parte on 2-11-1971, arrest was ordered. Thereupon, the judgment-debtor engaged counsel and filed a petition to set aside the ex parte order passed on 2-11-1971. This ex parte order was set aside and judgment debtor granted time to file his counter to E. P. 153 of 1971. He filed his counter in which he contended that he had no means to pay the decretal amount and that he had in his possession only a small house in Sikkilampalayam village, which was under a mortgage for Rs. 1000. The Court posted the matter for enquiry. The judgment debtor examined himself as R. W. 1 during the enquiry and the decrees-holder ex

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