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2001 Supreme(AP) 1055
2003(3) L.S. 119
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH : : AT HYDERABAD
Present:
The Hon’ble Mr.Justice
Ramesh Madhav Bapat
A. Sambasiva Rao ..Petitioner
Vs.
Rudru Bhaskara Rao ..Respondent
C.R.P.No.4301/01
Decided on : 21-9-2001
Mr.G.V.R. Chowdary, Advocate for the Petitioner.
Subject
Civil Law - Execution of Decree
Act Referred
Headnote
The petitioner herein was the Judgment-Debtor. The respondent herein was two decree holder. The respondent herein obtained a decree for certain amount in O.S.No.233 of 1998 on the file of the Principal Junior Civil Judge, Mangalagiri. The suit was decreed and the decree-holder-Respondent herein filed E.P.No.50 of 2000. The deecree -holder prayed for arrest of judgment-debtor, which was ordered. Hence the
revision.
2. Heard the learned counsel for the petitioner at the admission
stage.
3. Admittedly the petitioner herein is an employee and he has to pay the decretal amount. The power of arrest has to be exercised by the learned Judge as a last resort and not at the first instance. When the petitioner is a salaried person, his salary could be attached in execution of the decree. Therefore, the order of arrest is set aside. The learned Judge is directed to pass a fresh order keeping in view the provisions contained in Section 60 read with Order 21 Rule 48 C.P.C.
4. With this direction, the Civil Revision Petition is allowed. No costs.
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