Andhra HC (Pre-Telangana)
M.V. Panduranga Rao vs A. Sattar Khan on 13 August, 1999
Equivalent citations: 1999(5)ALT471
Author: Ramesh Madhav Bapat
Bench: Ramesh Madhav Bapat
ORDER Ramesh Madhav Bapat, J.
1. The petitioner herein was the judgment-debtor. The respondent herein was the decreeholder. A suit in O.S.No. 520 of 1997 filed by the respondent herein was decreed. Thereupon he filed O.E.P.No. 179/98 for recovery of the amount due under the decree and prayed for issuance of arrest of the petitioner herein under Order 21 Rules 37 and 38 C.P.C.
2. Initially the ex parte decree was passed. Against the said order, the petitioner herein filed C.R.P.No. 1489/99. This Court had directed the petitioner herein to deposit an amount of Rs. 10.000/- when the above C.R.P., came up for admission before this Court. The said order was passed on 9-4-1999. The petitioner-judgment-debtor could not pay the said amount. Meanwhile the petitioner herein filed E.A.No. 49/99 requesting the Court to set aside the ex parte order passed in O.E.P.No. 179/98. The learned Judge allowed the said E.A., directing the petitioner herein to deposit l/4th of the E.P. amount. Against the said order, the present revision has been filed by the petitioner herein.
3. Heard both sides.
4. While passing the order under Order 21 Rules 37 and 38 C.P.C, the Court is expected to hold enquiry as to whether the judgment-debtor having sufficient means is wilfully avoiding to pay the decretal amount. On this issue if the finding given by the learned Judge is in the affirmative, then only the learned Judge has to pass an order under Order 21 Rules 37 and 38 C.P.C. and not before that. Admittedly in the present case, no such enquiry was made,. Therefore, this Court allows the revision, setting aside the order passed in E.A. No. 49/99 arid directs the learned Judge to hold an enquiry as contemplated under Order 21 Rules 37 and 38 C.P.C. within a period of two months from the date of receipt of this order.
5. With these directions, the Civil Revision Petition is disposed of. No costs.