R RAMA RAO Vs. T KAMAIAH

JUDGEMENT

(1.) This revision petition is filed against the order in E.P. No. 132/88 in O.S. No.369/82 dismissing the application filed by the petitioner under Order 21, Rule 16 and Order 21, Rule 37 C.P.C.

(2.) Two affidavits have been filed in support of the present execution petition, one by the original decree holder, according to whom the consideration of Rs.4,000/- was received by the original decree-holder from the transferee decree-holder and deed of transfer was executed on 19-11-88 and the original decree holder has no objection for the transferee decree holder executing the decree. The second affidavit filed by the transferee decree holder is to the effect that he has paid cast and the original decree holder transferred the decree in his favour and that the judgment-debtor is evading to pay the decretal amount in spite of being in possession of each and means. He, therefore, prayed to order arrest of the judgment-debtor.

(3.) The judgment-debtor filed a counter stating that he has no means to discharge the decretal debt and he is not doing any business. He further stated that he is aged and unwell and as such, he could not be detained in civil prison.