KAJA KISHORE KUMAR Vs. DR. TOLETI SHYAM SUNDAR

JUDGEMENT

(1.) The challenge in this civil revision petition is to the order dated 15.07.2013 in E.P. No. 197 of 2010 in O.S. No. 473 of 2004 passed by learned II Additional Junior Civil Judge, Kakinada, allowing the petition filed under Order XXI Rule 37 CPC by the decree holder/1 respondent praying the execution Court to commit the petitioner/1 judgment debtor to civil prison in execution of the decree in O.S. No. 473 of 2004.

(2.) The 1 respondent/decree holder obtained a money decree against the petitioner/1 judgment debtor for Rs. 65,584/- with subsequent interest and he filed E.P. No. 197 of 2010 for arrest of the petitioner/1 judgment debtor contending that the petitioner has been working as School Assistant in Zilla Parishad High School, Thammavaram, Kakinada Rural Mandal, and getting a monthly salary of Rs. 16,000/- and thus having sufficient means to discharge the decree amount, but still intentionally evaded to pay the amount.

(3.) The petitioner/1 judgment debtor mainly contended that the 1 respondent/decree holder already filed another E.P. for attaching his salary to realise the decree debt and additionally filed the E.P. for his arrest and therefore, the E.P. is not maintainable under law. He cannot be brought under arrest without proceeding against his properties.