The creditor company obtained a default judgment against the debtor and a writ of execution was issued. The debtor had already divested himself of all his property and accordingly the creditor took out a summons requiring the debtor to show cause why a decree of civil imprisonment should not be made against him. The debtor, though not indigent, failed to answer the summons and an order of civil imprisonment was made by the magistrates’ court. The debtor applied to the Supreme Court challenging the constitutionality of the order.