MATAM SUJATHA Vs. MANAGER RAMAKASHYAP CHITS ANDHRA LTD

JUDGEMENT

(1.) The decree holder in E.P. No. 164 of 2003 in O.S. No.27 of 2003 on the file of the learned Senior Civil Judge, Miryalaguda, Nalgonda District, filed this civil revision petition, aggrieved by the order, dated 5-10-2005.

(2.) The petitioner filed the suit against the respondents herein, for the relief of recovery of a sum of Rs.4,78,188/-. She also filed I.A. No. 147 of 2003 under Order 38 Rule 5 C.P.C. for attachment of certain amount, lying with the District Registrar of Chits. The LA. was ordered on 27-2-2003. The suit was ultimately decreed on 8-9-2003. Since the decree was not complied with by the judgment-debtors, she filed E.P. No.164 of 2003. The petitioner invoked Rules 46 and 52 of Order 21 C.P.C., with a prayer to call for the amount attached, through the order in I.A. No. 147 of 2003. The respondents did not oppose the application. However, the executing Court dismissed the E.P., on the basis of a letter, dated 23-7-2004, said to have been addressed by the District Registrar of Chits.

(3.) Sri. L. Prabhakar Reddy, the learned Counsel for the petitioner, submits that once the amount was attached under Order 38 Rule 5 C.P.C., the executing Court ought to have called for it and ensured that the decree is complied with. He contends that there was no justification on the part of the executing Court, in acting upon the letter addressed by the District Registrar of Chits.