O R D E R:

This Civil Revision Petition is filed by the petitioner/

Decree holder/plaintiff under section 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned Principal Junior Civil Judge, Sompeta in EP No.3 of 2013 in OS.No.64 of 2009, wherein and whereby the learned trial Judge dismissed the petition filed by the Decree holder seeking for arrest and detention of the respondent/Judgment debtor in civil prison in realization of his decretal amount.

2. The case of the revision petitioner in brief is that he obtained money decree against the respondent on

08.12.2009 for a sum of Rs.83,416/- and after passing of the decree, he demanded the respondent for repayment of decretal amount, but in vain. He submits that the respondent is having sufficient means to pay the decretal amount who is having movable and immovable properties in his native village and getting income of Rs.2,00,000/- per annum and in spite of having sufficient means to pay the decretal amount, the respondent is intentionally evading to pay same due to that he is liable to be detained in civil prison.

3. The respondent/Judgment debtor filed counter before the executing Court, denying the averments in the affidavit of the Decree holder. It is the contention of the respondent that he has been suffering from heart ailment and he has no movable or immovable properties and he is also depending upon his children and other family members as he has no independent income. He submits that he is getting meager amount as pension being Ex-serviceman and he is aged 73 years, but not 40 years as mentioned in the Execution petition and his age is wrongly mentioned in the petition with a view to get favourable orders by misleading the Court. It is also the contention of the respondent that previously the petitioner filed EP No.7 of 2010 before the Court for attachment of his pension amount, which was lying in the Bank account and the same was dismissed holding that pension cannot be attached as per Section 60 CPC, due to that present petition seeking for his arrest and detention in civil prison, is also not maintainable. He prays to dismiss the petition.

4. On behalf of the petitioner, PW.1, PW.2 were examined and no documents were marked. On behalf of respondent, he himself is examined as RW.1 and he also not filed any documents.

5. The learned trial Judge after hearing both sides, dismissed the petition filed by the petitioner on the ground that the Decree holder failed to establish that the Judgment debtor is having movable and immovable properties and got sufficient means to pay the decretal amount.

6. Aggrieved by the Orders passed by the learned trial Judge, the present Civil Revision Petition is filed by the petitioner stating that orders passed by the trial Court dismissing EP No.3 of 2013 is erroneous, contrary to law and amounts to failure to exercise the power vested in it. He submits that the respondent/Judgment debtor has got capacity to pay the decretal amount, but he is intentionally evading to pay the same, which failed to consider by the trial Judge. It is the contention of the revision petitioner that the respondent not filed any medical certificate to show that he is suffering from heart ailment and even merely if one is heart patient, law does not exempt from payment of decretal amount. He further submits that the respondent is hale and healthy as on the date of filing of execution petition, which fails to consider by the trial Court and simply because the respondent is a senior citizen, he is not exempted from paying the decretal amount. He prays to set aside the orders passed by the trial Court and allow the revision petition.

7. I have heard learned counsel for the petitioner, but no representation for respondent.

8. It is the contention of the learned Advocate for th