Executing Court shall hold an enquiry and give finding as to current means of judgment-debtor to discharge decree before the order of arrest - Order passed without conducting such enquiry and without following such procedure bad in law and set aside.

M.Muthuswamy v. Supasri Chit Funds, Coimbatore and another 

2000 (2) CTC 168,

Code of Civil Procedure, 1908, Order 21, Rule 37, 39 & 40  Duty of Executing Court before ordering arrest of judgment-debtor  Executing Court shall hold an enquiry and give finding as to current means of judgment-debtor to discharge decree before the order of arrest under Rule 37  Executing Court should follow procedure laid down in Rules 39 & 40  Order passed without conducting such enquiry and without following such procedure bad in law and set aside.