C.DILIP KUMAR Vs. Y.VEERA RAGHAVULU

JUDGEMENT

(1.) This Civil Revision Petition arises out of an order dtd. 27/1/2017 passed in E.P.No.284 of 2014 in O.S.No.175 of 2011 by the Principal Junior Civil Judge, Anantapur.

(2.) The respondent/decree holder filed E.P.No.284 of 2014 under Order 21 Rules 37 and 38 C.P.C., seeking arrest of the petitioner/judgment debtor. In the application seeking arrest of the petitioner/judgment debtor, the trial Court was of the opinion that when once the judgment debtor admits that he is an employee, he was having sufficient means to repay the amount and that there was no evidence on behalf of the petitioner/judgment debtor that his wife is suffering from ill-health nor any witnesses were examined to substantiate his case. The trial Court allowed the E.P. as it was of the opinion that the judgment debtor is having sufficient means to pay all the debts.

(3.) This Court after examining the case on merits opines as under; An application for civil prison for realizing the decretal amount seems to be a necessary consequence of a money decree. A plaintiff, after going through the grind of trial and after overcoming every plausible defense taken by the defendant, gets a decree in his favour and in E.P seeking for arrest of Judgment Debtor is again called upon to go through the grind of trial 2.0 in execution proceedings, i.e. the means enquiry.