In execution of a Small Cause decree, the petitioner, who is the judgment-debtor, was given notice to show cause why he should not be committed to prison. He appeared and filed a counter; but on the date to which the application was posted for disposal he was absent. His objections were apparently read but overruled. The decree-holder was then ordered to pay arrest batta and when that was done, an order was issued for his arrest. In pursuance of that order he appeared before the Court; but he was released as he furnished security to file an insolvency petition. The execution petition was thereupon dismissed. The two civil revision petitions have been filed, one against the order of arrest and the other against the order overruling the petitioner’s objections.

Order 21, rule 40 of the Code of Civil Procedure makes the procedure quite clear when a decree-holder is desirous to have the judgment-debtor committed to prison. In the first place, notice must go to him. Then if he fails to appear in answer to the notice, the Court may, if the decree-holder so wishes, order his arrest. He is then brought before the Court, which should take the evidence of the decree-holder in suppor