THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3582 of 2009 29.01.2010 Between: Thota Srinivasa Rao ….Petitioner AND Smt Kurra Bharathi Devi …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3582 OF 2009 ORDER: The petitioner suffered money decree in O.S.No.1368 of 2004 on the file of the Court of the II Additional Junior Civil Judge, Guntur. As the petitioner/J.Dr., has been practising as medical doctor at Palakol, decree holder got it transferred to the Court of Junior Civil Judge, Palkol. The decree holder filed E.P.No.33 of 2004. The decree was sought to be executed by arrest of J.Dr. It was alleged that the decree holder had means to pay the decree and that he was willfully avoiding to pay the decree amount. It was opposed alleging that J.Dr., has no means. The matter was enquired into. The decree holder as P.W.1 alleged that J.Dr., is working as Doctor in Radha Raman Lion Eye Hospital, Palkol, getting salary of Rs.80,000/- per month, that he owns house at Peddapuram worth about Rs.20,00,000/-, and that he owns two shops at Chilakaluripet. The J.Dr., so as to give rebuttal evidence filed affidavit in lieu of chief examination and the matter was coming for cross-examination. As he was absent, evidence was eschewed on 08.07.2009. He immediately filed E.A.No.316 of 2009 to set aside order eschewing evidence and the same was dismissed on 13.07.2009 and the E.P.No.33 of 2006 was allowed ordering arrest of J.Dr. In the Civil Revision Petition, while ordering notice, on 05.08.2009 this Court directed J.Dr., to deposit a sum of Rs.40,000/- (Rupees forty thousand only) to the credit of E.P. Again on 25.08.2009, this Court directed to deposit a further sum of Rs.20,000/- (Rupees twenty thousand only), which was duly complied with. However, J.Dr., could not deposit the amount of Rs.10,000/- as directed by this Court on 23.10.2009 and therefore, arguments were heard. As directed, learned counsel for decree holder has placed before this Court the depositions of P.W.1 and eschewed evidence of R.W.1. He also enclosed encumbrance certificate No.11524, dated 17.11.2008 issued by Sub Registrar, Chilakaluripet. As seen from the impugned order, except referring to the evidence of P.W.1, learned Junior Civil Judge has not referred to the other aspects of the matter. Further, it appears relevant evidence was not produced by either party before the Court. Therefore, having regard to the decision of the Supreme Court in Jolly George Varghese v Bank of Cochin[1], this Court is of considered opinion that the matter should be enquired into afresh by the Court below after giving opportunity to both the parties to adduce additional evidence, if so advised. As this Court is exercising powers under Article 227 of Constitution of India to meet ends of justice, it would also be appropriate to recall order of the Court below in E.A.No.316 of 2009 eschewing the evidence of R.W.1. He shall present himself before the Court for cross-examination. The civil revision petition is accordingly allowed and the matter is remitted to the Court of Junior Civil Judge, Palkol with a direction to give opportunity to both the sides to adduce additional evidence, permit R.W.1 to be cross-examined by the other side and pass appropriate orders. It is brought to the notice of this Court in obedience to the order of this Court, dated 05.08.2009 and 25.08.2009, the petitioner/J.Dr., has deposited a sum of Rs.60,000/- in addition to Rs.20,000/- already deposited to the credit of E.P. Out of the sum of Rs.80,000/-, the respondent/decree holder has already withdrawn Rs.40,000/-. Liberty is given to decree holder to withdraw the remaining amount of Rs.40,000/- (Rupees forty thousand only) without furnishing security but giving undertaking to the Court below that he will repay the amount, if petitioner herein succeeds in the execution petition. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 29.01.2010 pln [1] AIR 1980 SC 470