050-NLR-NLR-V-18-SIDAMPARAM-CHETTY-v.-JAYAWARDENE.pdf

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process (section 80S, Civil Procedure Coda), litis i% a provision
enacted m tits highest intoests oi tie .liberty of toe suBjeet, andj.
lor tits purpose of mafoMmng inviolate as* for as practicable the■
sanctity of one's dwelling-house. I see no difference between ibis
provision being taken advantage of by a person, and the provision Ja^amf^me
of section 884 of the Code to the offset that a proctor is immune
from arrest under civil process whan attending Court for the purpose
of his business, being taken advantage of by a praetor. If taking
advantage of such a provision amounts to baud, both that and the
provision of section 887 of toe Code to toe effect ‘that an application
for execution should not be allowed after the expiration of ten years
horn the date of toe decree sought to be enforced might well be
wiped out of the statute book. It has been said that the defondant
once escaped after attest. This has not been proved, but if he did
so escape he would have forfeited hie right to toe exemption of toe
outer door of his house from being forced open (roe section 888), and
he might have been arrested in his own house.
The Indian eases cited by toe respondent's counsel do not appearto me to apply to the present case. In them the specific acts reliedupon as amounting to fraud or force ate totally different from thpasrelied upon in this case. In Qoundan v. Ohetti1 it was affirmativelyshown tost toe debtor had the means to pay bis debt, and on eachoccasion a warrant was issued for his arrest he succeeded in avoidingcapture by taking refuge in the So^th Aroot district or in someremote part of toe Colrayan Hilla. Each oase must be judgedRecording to its own foots and circumstances. In Amtml v. Taker *there was just that kind of fraud that I have hinted at above,namely, fraudulent alienation of property. The foots are notsimilar to those we have to consider in toe present ease.
For these reasons I would allow the appeal with costs.
Enkis J.—I agree.
Appeal alfowed.
» I. L. R. 6 Mad. 865.
* I. £». B. 4 Med. m.