G. Krishna Mohan Reddy, J.— This civil revision is filed against docket order dated 3.10.2012 in E.P.No.56 of 2012 in O.S.No.218 of 2006 (E.P) on the file of the Court of II Senior Civil Judge, City Civil Court, Hyderabad.

2. The petitioner herein is the Judgment Debtor (J. Dr) and the respondent herein is the Decree Holder (D. Hr) in the E.P. For convenience sake, I refer the parties as they are arrayed in the E.P.

3. The E.P. was filed by the D. Hr under Order XXI Rules 37 and 38 of the Code of Civil Procedure, 1908 (CPC) to arrest and detain the J. Dr in civil prison for non-payment of amount of Rs.5,75,274. During the course of the proceedings in the E.P., the Court below passed the impugned order, which reads as follows. Memo submitted by counsel for Judgment Debtor. Memo is recorded. As per Order XXI Rule 40 CPC for conducting means enquiry the presence of Judgment Debtor is required. In spite of previous warrant and notice the Judgment Debtor did not appear in person before this Court. Hence issue warrant of arrest of Judgment Debtor under Order XXI Rule 37(2) CPC for conducting means enquiry. Call on 10.10.2012.

4. It is the contention of learned counsel for the J.