Scope of the provisions of Section 51(c).

This appeal is preferred against the order of the learned Subordinate Judge of Coimbatore in E.P.R. No. 255 of 1954 in O.P. No. 162 of 1949.

This Case brings forcibly to mind the dictum of their Lordships of the Privy Council in Court of Wards v. Maharajah Coomar Ramapat1, that the woes of an Indian litigant begin only after he has obtained a decree.

The appellant before us, judgment-debtor, Subramania Chettiar is the owner of 300 acres of land of which 30 to 40 acres are nanja lands and the annual rent is about Rs. 10,000 to Rs. 15,000 even according to himself. He admits that he also owns and goes about in a motor car. The decree-holder states that this judgment-debtor has got properties worth six to seven lakhs and gets an annual income of Rs. 40,000 and also owns a motor car. R.W. 2 admittedly a relation of the judgment-debtor has admitted that the judgment-debtor owns lands worth six to seven lakhs of rupees and that he has got also a house. It may be that the judgment-debtor is unduly depreciating his worth and the decree-holder is unduly exaggerating his worth. But there is sufficient evidence, however, to show that this judgment-debtor is a very well-to-do man indeed.

In these circumstances the respondent before us who has obtained a decree in O.S. No. 162 of 1949 against this appellant is seeking to execute it and has not been able to get his decree satisfied owing to the familiar tactics employed by the judgment-debtors to defeat and delay the decree-holders from realising the fruits of their decrees. The following tabular statement will establish this:

28th July, 1951 .. Preliminary decree in O.S. No. 162 of 1949 was obtained in the Sub-Court, Coimbatore. Final decree for Rs. 32,984-4-8 was obtained.

30th January, 1953 .. E.P. No. 34 of 1953 filed by the decree-holder for attachment and sale of his properties. (Then the judgment-debtor filed A.S. No. 53 of 1953 in the High Court against that decree and applied for stay of execution in C.M.P. No. 5565 of 1953).

2lst July, 1953 .. In C.M.P. No. 5563 of 1953 the judgment-debtor was directed to deposit half the decree amount and furnish security for the other half within eight weeks. The judgment-debtor did not carry out the directions though time was extended twice by the High Court.

E.A. No. 1261 of 1953 in E.P. No. 34 of 1953. .. Filed by the judgment-debtor in the Sub-Court, Coimbatore for stay of all execution proceedings under Madras Ordinance V of 1954. It was dismissed by the Sub-Court. The judgment-debtor filed an appeal against that order in C.M.A. No. 322 of 1954 and applied in C.M.P. No. 6297 of 1954 for stay.

18th August, 1954 .. C.M.A. No. 322 of 1954 was dismissed.

20th December, 1954. .. Suit by the sons of the judgment-debtor and separate possession of their shares.

E.A. No. 391 of 1954 .. Petition by the sons of the judgment-debtor for stay of execution of the decree so far as their interests were concerned. This was dismissed.

1st November, 1954 .. E.P.R. No. 255 of 1954 was filed for arrest of the judgment-debtor.

20th January, 1955 .. Arrest ordered in the said execution petition. The present appeal is filed against the order.

The learned Subordinate Judge when he was asked to order arrest of this judgment-debtor and which is the subject-matter of the present order in E.P.R. No. 255 of 1954 now under appeal, he had to consider two points, viz., whether the decree-holder had established that the judgment-debtor had sufficient means to pay the decree amount within the meaning of clause (b) to the Proviso to section 51 of the Code of Civil Procedure and secondly, whether simultaneous execution can be allowed. On both these points the learned Subordinate Judge held against the judgment-debtor and ordered arrest. Hence this appeal.

That the judgment-debtor has sufficient means to pay the decree debt can admit of no doubt whatsoever. His properties apparently seem to be worth six to seven lakhs of rupees consisting of 300 acres of land of which 30 to 4