P.S.KAILASAM, N.S.RAMASWAMI
P. G. Ranganatha Padayachi – Appellant
Versus
Mayavaram Financial Corporation – Respondent
N.S. RAMASWAMI, J. :- This Civil Miscellaneous Appeal is against the order of arrest passed by the learned Subordinate Judge, Cuddalore in execution of a money decree. There are two judgement-debtors and both were ordered to be arrested by the order dated 19-3-1968. The 2nd judgement-debtor is challenging the said order in this Civil Miscellaneous Appeal. The point taken by the learned counsel for the appellant is that the order of the executing Court is one without jurisdiction inasmuch as the Court has not recorded its reasons for ordering arrest after giving an opportunity to the appellant for showing cause as to why he should not be arrested in execution. Reliance is placed on the proviso to Section 51 of the Code of Civil Procedure. But we are of opinion that there is no merit it the point taken by the learned counsel.
2. It is no doubt true that the order of the executing Court is a one line order and it says : "No payment made. Arrest D1 and D2 by 9-4-1968. Batta after a week." The executing Court has not recorded any reason for ordering arrest except saying that no payment had been made. But a perusal of the relevant provisions of the Code of Civil Procedure would s
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