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1972 Supreme(Mad) 11

P.S.KAILASAM
Namachivaya Mudaliar – Appellant
Versus
P. J. A. Manickavelu – Respondent


Advocates:
P. Venkataraman and B.R. Ramesh Babu, for Petitioners; R. Kaliappan, for Respondent

Judgement

ORDER:- The validity of the order of arrest is challenged by the Judgment-debtor. The order is one word one: "Arrest". The contention is that under Section 51, C.P. Code, before an order of arrest and detention in prison is made the Court should give an opportunity to the Judgment-debtor for showing cause as to why he should not be committed to prison, and the Court should, for reasons recorded in writing, be satisfied of any of the requirements prescribed in clauses a, b or c of the proviso. Rules 37 and 40 of Order XXI C.P. Code should also be referred to in this connection. Order XXI, Rule 37(1) provides that where an application is for arrest and detention in civil prison of a Judgment-debtor who is liable to be arrested, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to civil prison. The proviso states that such notice shall not be necessary if the Court is satisfied, by an affidavit or otherwise, that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to abscond or





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