ORDER :- This is a petition filed by one Muthu Pathar for revising and setting aside the order of the Subordinate Judge, Kumbakonam, dated 14-7-1953, in E.P. No. 85 of 1953, in S.C.S. Nos. 107 of 1949, directing his arrest by 29-7-1953.

2. The facts are briefly these : The decree in S.C.S. No. 107 of 1949 was passed against the petitioner on 14-4-1949. Later on, this petitioner filed I.P. No. 12 of 1049 for adjudicating him as an insolvent. That petition was treated as a summary petition. He was adjudicated insolvent on 2-2-1950. The adjudication was annulled on 22-9-1950, as he did not apply for discharge.

In that I.P., on 5-10-1949, when it was pending, lie had mentioned the decree debt under the above small cause suit as a debt binding on him. On 3-1-1953, E.P. No. 85 of 1953 was filed by the decree-holder for arresting him, as he was said to be possessed of sufficient assets and was yet evading to pay the decree amount. The petitioner, the judgment-debtor, remained absent. But as the learned Subordinate Judge felt some doubt regarding limitation, he insisted on a further notice and personal service on the judgment-debtor, viz., this petitioner.

This petitioner then appear