1. The petitioners, the judgment-debtors have filed this civil revision petition as against the order of arrest in S. P. No. 18 of 1996 on the file of the learned Subordinate Judge, Kallalkurichi, in execution of money decree passed against than in O.S.No.106 of 1985 on the file of the Sub Court, Viliupuram.

2. Both the petitioners, the judgment-debtors were ordered to be arrested through the impugned order dated 31.7.2000. The same is being challenged in this civil revision petition by both the judgment-debtors.

3. Mrs. Hema Sampath, the learned counsel appearing for the petitioners would vehemently urge the point that the order of executing Court is in error of jurisdiction, inasmuch as the Court has not followed the mandatory procedure laid down in Order 21, Rule 40 C.P.C. even without any enquiry or any evidence adduced by decree-holder in support of his application for execution and without giving opportunity to the petitioners to show cause as to why they should not be committed to Civil prison. The learned counsel would cite the authorities in P.G.R, Padayachi v. Mayavaram financial Corporation, AIR 1974 Mad. 1, Jolly George Varghese v. Bank of Cochin, AIR 1980 S