PANDUGAYALA SUBBARAYADU Vs. KATTAMURI SRI KRISHNA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 28. 11. 2007 in E. P. No. 54 of 2007 in O. S. No. 271 of 2003 on the file of the court of Junior Civil Judge, Badvel.

(2.) THE revision petitioner is the judgment-debtor, who suffered a money decree. The respondent herein, who is the decree-holder, filed E. P. No. 54 of 2007 under Order XXI rules 37 and 38 of Code of Civil Procedure (for short, "the act") for arrest and detention of the judgment-debtor in civil prison for realization of the decretal amount. The said petition was allowed directing the revision petitioner/judgment-debtor to pay the E. P. amount within one month failing which warrant of arrest shall be issued. The said order dated 28. 11. 2007 is under challenge in the Revision Petition.

(3.) I have heard the learned counsel for both the parties. The learned counsel for the petitioner vehemently contended that the conclusion of the Court below that the petitioner has sufficient means to pay the decretal amount, but refused to pay the same is erroneous and consequently the impugned order directing arrest and detention in civil prison is impermissible and unsustainable.