K MANOKARAN Vs. A U SUBBANNAN

JUDGEMENT

(1.) Manokaran, the petitioner herein, is the judgment-debtor.

(2.) The respondent/plaintiff filed a suit in O.S. No. 159 of 1997 against the petitioner/defendant and obtained a money decree on 12-12-2000 for Rs. 74,576.25. No appeal was filed by the petitioner/defendant against the said money decree. So, the respondent/plaintiff filed a petition in E.P. No. 45 of 2001 under Order 21, Rule 11(2) , C.P.C. on 12-3-2001 praying for the arrest of the petitioner/judgment debtor under Sections 51 and 55, C.P.C. for the execution of the said decree. The matter came up for final disposal on 3-7-2001. On the date, the petitioner/defendant as well his counsel was absent. Though the counsel entered appearance earlier, no counter was filed till then. Therefore, an order of arrest was passed in the said application on 3-7-2001. Challenging the same, the petitioner/defendant has filed this Civil Revision Petition.

(3.) I heard the learned counsel for the petitioner and the respondent.