ORDER

This civil revision petition has been filed to set aside the order of arrest of the petitioner / judgment debtor to civil prison as per the order passed in the above REP.No.83 of 2010 in OS.No.67 of 2006 on the file of the learned Subordinate Judge, Dharmapuri, thereby ordered for payment of decree amount, failing which arrest to be made.

2. The petitioner is the judgment debtor in the suit filed by the respondent for recovery of money. The suit was decreed and in pursuant to the decree passed in OS.No.67 of 2006, the respondent filed EP for issuance of notice under Order 21 Rule 37 of CPC and on failing to pay the decree amount, to issue warrant of arrest.

3. The learned counsel for the petitioner would submit that Order 21 Rule 37 of CPC was not complied with and no notice was issued to the petitioner and no witness was examined as against the petitioner before ordering arrest. 4. The learned counsel for the respondent would submit that the petitioner played fraud in the execution court and the petitioner had taken a specific stand that he had already paid. However, he failed to establish the same. Therefore, he played fraud and the execution court rightly issued arrest warran