K SIVANARAYANA Vs. G DURGA SESHARATNAM

JUDGEMENT

(1.) This revision petition is filed against the orders passed by the learned Senior Civil Judge, Guntur in E.A. No.1161 of 1997 in O.S. No-306 of 1995.

(2.) The petitioner is the decreeholder. He filed a suit in O.S. No.306 of 1995 for recovery of certain amounts from the defendant viz., Smt. G. Durga Sesharatnam. The said suit was filed on 15-11-1995. Immediately thereafter, the defendant filed Insolvency Petition in I.P. No.2 of 1996 on the file of the Additional Sub-Court, Guntur on 29-11-1995. In the said petition the Court also ordered appointment of Official Receiver on 8-9-1996. It is stated before this Court that the said I.P. is still pending adjudication. In the meanwhile, the suit was decreed on 17-3-1997 and the properties of the judgment-debtor were brought to sale and they fetched a sum of Rs.2,80,179/- which was deposited in the lower Court to the credit of the suit O.S. No.306 of 1995. It is to be noted that in the Insolvency Petition, number of creditors were made parties including the plaintiff in O.S. No.306 of 1995. However, it is stated that for nonpayment of process fee, the I.P. was dismissed as against the plaintiff in O.S. No.306 of 1995.

(3.) The decreeholder in O.S. No.306 of 1995 filed an application in E.A. No.1161 of 1997 under Rules 231 to 235 of Civil Rules of Practice read with Section 151 CPC praying the Court to issue a cheque for a sum of Rs.2,80,179/-. The said application was resisted by the judgment-debtor. The learned Judge after considering the matter, dismissed the application by an order dated 21-7-1998 against which the present revision petition has been filed.