CHALAPATHI CHIT FUND (P) LTD Vs. B.RAJASEKHAR

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 18.01.2011, in E.P.No.15 of 2008 in O.S.No.255 of 2006, on the file of the learned Senior Civil Judge, Kandukur.

(2.) The petitioner is the decree holder in the above-mentioned suit. It has filed E.P.No.15 of 2008 seeking arrest of respondent Nos.2 and 3 for non-payment of the EP amount. The lower Court dismissed the EP mainly on the ground that respondent Nos.2 and 3 being Government servants, the EP is not maintainable without taking recourse to recovery of the decreetal amount by proceeding against their salaries.

(3.) At the outset, it needs to be held that the legal position regarding the right of the decree holder to proceed against the judgment debtors for recovery of the decreetal amount is not properly understood by the lower Court.