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Judgment
Norris and Gordon, JJ.—We think that this appeal must be allowed. The cases of The Secretary of State for India in Council v. Judah ILR Cal. 652 and In the matter of Bolye Chund Dutt ILR Cal. 876 are clearly distinguishable from the facts of the present case. In both those cases the judgment-debtor had been arrested and imprisoned. In this case he had been arrested but not imprisoned, and we think that u/s 341 of the CPC his immunity from a second arrest depends, not only upon his having been arrested, but upon his having been imprisoned under the arrest. In this view we are supported by the case of Chengalraya Chetti v. Subhiah 6 Mad 84 and Subba v. Venkata ILR Mad. 21.
We therefore think that the judgment appealed from must be set aside and a second warrant of arrest allowed to issue. The appellant is entitled to his costs.