ROBERT C. DSILVA Vs. TIKKANA CHINA DEMUDU

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/Decree Holder/Plaintiff under Sec. 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned Senior Civil Judge, Vizianagaram, in E.P.No.76 of 2013 in O.S.No.234 of 2011, wherein and whereby the learned Judge dismissed the petition filed by Decree Holder seeking for arrest and detention of the respondent/Judgment Debtor in civil prison in realization of his decretal amount.

(2.) The case of the revision petitioner/Decree Holder in brief is that he filed suit against the respondent for recovery money due under Hami Patram, dtd. 6/8/2008 wherein Court passed a decree in his favour directing the respondent/Judgment Debtor to pay a sum of Rs.04,04,942.00 with subsequent interest at 12% per annum on Rs.03,00,000.00 from the date of filing of the suit till the date of decree and 6% per annum from the date of decree till the date of realization. He submits that after passing of the decree, he demanded the respondent/Judgment Debtor to pay decretal amount, which he refused though having sufficient means to discharge his debt. He prays to order for arrest and detention of respondent/Judgment Debtor in civil prison.

(3.) The respondent/Judgment Debtor filed counter before the executing Court, denying the averments in the affidavit of the Decree Holder. It is the contention of the respondent/Judgment Debtor that he is an agriculturist as there are no rains, the crops raised by him totally damaged due to that he could not get any yield from the crops thereby he sustained huge loss. It is also the contention of the respondent/Judgment Debtor that due to bad weather conditions, there is no yield from the crops and he is not having any income and means to pay the decretal amount. He prays to dismiss the petition.