C.V.NAGARJUNA REDDY
Chalapathi Chit Fund (P) Ltd. , Ongole – Appellant
Versus
B. Rajasekhar – Respondent
1. This civil revision petition arises out of order, dated 18.01.2011, in E.P.No.15 of 2008 in O.S.No.255 of 2006, on the file of the learned Senior Civil Judge, Kandukur.
2. The petitioner is the decree holder in the above-mentioned suit. It has filed E.P.No.15 of 2008 seeking arrest of respondent Nos.2 and 3 for non-payment of the EP amount. The lower Court dismissed the EP mainly on the ground that respondent Nos.2 and 3 being Government servants, the EP is not maintainable without taking recourse to recovery of the decreetal amount by proceeding against their salaries.
3. At the outset, it needs to be held that the legal position regarding the right of the decree holder to proceed against the judgment debtors for recovery of the decreetal amount is not properly understood by the lower Court.
4. Under Order XXI Rule 30 r/w Section 51 CPC, the decree holder can simultaneously seek execution of the decree by delivery of property specifically decreed; by attachment and sale or by sale without attachment of any property; by arrest and detention in prison for such period not exceeding the period specified in Section 58, where arrest and detention is permissible under that
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