PONNAIAH SERVAI ALIAS IRULAPPAN SERVAI Vs. SREE VISALAM CHIT FUND, LIMITED THROUGH ITS MANAGING DIRECTOR R.M. CHIDAMBARAM

JUDGEMENT

(1.) The appellant herein is the second defendant judgment-debtor in E.P. No. 159 of 1972 in O.S. No. 96 of 1967 on the file of the Court of the Subordinate Judge, Dindigul and this appeal is preferred against the order dated 20th February. 1973.

(2.) The above-said execution petition, E.P. No. 159 of 1972 was filed on 21st September, 1972 under Order 21, Rules 37 and 38, Civil Procedure Coda, praying for the arrest of the 2nd defendant and for committing him to civil prison, for the recovery of Rs. 17,868-41 being the amount of the decree dated 31st October, 1968 in the abovesaid suit. The suit was filed by the respondent plaintiff against this appellant and five others for a claim of Rs. 12,542-45 with interest and costs, since the first defendant viz., one Tmt. Saral, who took the chit in auction for the sixth call on 24th May, 1966, failed to pay the subsequent instalments of the chit amount. This appellant and defendants 3 and 4 executed guarantee-letters standing as sureties for the first defendant Tmt. Saral. The suit was decreed as against defendants 1 to 4 and the same was dismissed as against defendants 5 and 6. So, the respondent-plaintiff has proceeded against this appellant on the strength of the decree for the recovery of the amount with interest and costs outstanding as on the date of this execution petition.

(3.) The respondent-plaintiff took proceedings in E.P. No. 94 of 1967 by attaching the properties of the appellant-2nd defendant. A claim petition E.A. No. 255 of 1967 was filed and that claim had been allowed and hence E. P. No. 94 of 1967 was dismissed on 31st January, 1970. Another execution petition was filed in E.P. 1970 seeking to arrest defendants 2 to 4 and the same was dismissed on 8th April, 1971.