D S VARMA Vs. GURUJU VEERA RAGHAVA RAO

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Order dt. 12-2-1997 in E.P.No. 18/95 in O.S.No, 142/86 on the file of Principal District Munsif, Narsapur, dismissing the E.P. on the ground that the decreeholder failed to prove that the judgment-debtor having means, refused or neglected to pay the decretal amount and hence the E.P. for arrest of judgment-debtor fails.

(2.) The decreeholder obtained a decree for recovery of Rs. 7,500/- in O.S.No. 142/86 on the file of Principal District Munsif, Narsapur, and filed the E.P. under Order XXI Rule 37 C.P.C for realisation of the decretal amount by the arrest and detention of judgment-deb tor in civil prison. It is stated that the judgment-debtor is having a daba-house in the 4th Ward of Narsapur Municipality, that he is a retired Hindi Pandit and is having cash on hand besides getting pension and hence he is having sufficient means to discharge the decretal debt and he is avoiding to pay the same. The judgment-debtor filed a counter resisting the E.P. He stated that the amount claimed in the E,P. is not correct, that he does not possess any movable or immovable properties and he has no meant to discharge the E.P. amount. It is further stated that he is aged about sixty two years and he is suffering from Fits and cannot walk without the supporj of a stick or umbrella.

(3.) During the enquiry, the decreeholder examined himself as P.W. 1 andjudgment-debtor as R.W. 1. Exs. B-l to B-6 are marked on behalf of the judgment-deb tor.