' This is a revision application filed by the Judgment-Debtor against the order dated 5th August, 1982 passed by the learned IInd Additional District Judge, Hyderabad, in Execution No, 35/74. It seems that the respondent/D.H. Filed the aforesaid execution application for execution of a money decree for a sum of Rs, 49,799. The execution of the decree was sought through detention of the Judgment-Debtor in civil prison. After the issuance of a notice by the Executing Court, the applicant filed objections to the above execution application. However, the objections were not entertained on the ground that in view of the amendment under Order XXI, rule 23-A, C. P. C. The Judgment- Debtor is obliged either to deposit the decretal amount or to furnish security, Accordingly the judgment-debtor was given an opportunity for furnishing the security. It seems that the Judgment- Debtor failed to furnish the security and, therefore, the learned Additional District Judge passed the aforesaid order granting the execution application as prayed for and ordering the arrest of the Judgment-Debtor. The applicant/judgment-debtor being aggrieved by the above order has filed the present revision application.
2. In support of the above application Mr. Riaz Ahmed learned counsel for the applicant, has urged that under section 51 of the Civil Procedure Code, it was incumbent upon the learned Execution Court to record the reasons for ordering the detention of the Judgment-Debtor in Civil Prison for executing the money decree.
' On the other hand it has been urged by Mr. Kazi Zia-ul-Haq that the applicant will have still an opportunity to contest the order before the Executing Court. In my view the default on the part of the applicant in furnishing the security in terms of the Order XXI, rule 23-A, C. P. C. Does not entitle the Executing Court to grant the application of the respondents as prayed for i,e, to keep the applicant in Civil Prison for the execution of the money decree. Under section 51 an Executing Court is obliged to apply its mind to the facts of the case and to come to the conclusion as to whether it was a fit case for execution of money decree by detaining the Judgment-Debtor in civil prison.. The learned Executing Court in the instant case has not adverted to this aspect. I, therefore, allow the revision application and set aside the order and remand the case to the learned Executing Court with the direction to examine the above question afresh and to pass an order in accordance with law. In the circumstances of the case there will be no order as to costs.