T MUNI NADHAM Vs. KARVETI DEVIKA RANI

JUDGEMENT

(1.) Respondent obtained a money decree against the revision petitioner and filed an E.P. seeking arrest of the revision petitioner. By the order under revision the executing Court ordered arrest of the revision petitioner. Questioning the same this revision is preferred.

(2.) The main contention of the learned counsel for the revision petitioner is that since the order under revision does not state that the revision petitioner, having means to pay the decretal amount, is refusing and neglecting to pay the amount, and placing strong reliance on Aluru Venkata Rao Vs. Kodali Venkata Sri Krishna, R.V.J. Sastry and another Vs. Bank of India, and Kalidindi Rama Raju Vs. Vijaya Bank in support of his contention that mere possessing means is not sufficient to order arrest of a judgment debtor, the order under revision is not sustainable because the revision petitioner clearly stated in his evidence that he has to maintain himself, his old aged parents and three children, with a meager salary being drawn by him and so it is easy to see that he has no means to pay the decretal amount. There is no representation on behalf of the respondent though served.

(3.) In Aluru Venkata Rao case (1 supra) in spite of the judgment debtor's filing a counter in an E.P. for his arrest, that he has no income and is unable to maintain himself and his family members, the executing Court, after hearing both sides, on the basis of the material available on record, ordered issuance of warrant of arrest to keep the judgment debtor in civil prison. When that order was questioned in revision, the learned Judge held that issuance of warrant of arrest for non-payment of decretal amount without issuing a show cause notice and without holding an enquiry and without giving a finding supported by reasons that the judgment debtor having means to pay the decretal amount, is refusing or neglecting to pay the amount, is not legal and remitted the case to the executing Court with a direction to give opportunity to both sides to adduce their evidence.