IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5317 OF 2009 Between: T. Bixma Reddy .....PETITIONER AND M/s. Shriram Chits Pvt. Ltd., and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5317 OF 2009 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the order, dated 27.02.2009, in E.P.No.56 of 2009 in O.S.No.769 of 2006, on the file of the Principal Junior Civil Judge, Kothagudem, whereunder and whereby, the salary of the petitioner/judgment debtor No.2 was attached. 2. Heard. 3. The petitioner is a surety to the debt, and in the execution of the decree in O.S.No.769 of 2006, respondent No.1/dcree holder filed E.P.No.56 of 2009 and in the said Execution Petition, salary of the petitioner was attached. The contention of the learned counsel for the petitioner is that much before filing of the suit, the principal debtor died and as such, the suit itself is not maintainable. 4. Considering these circumstances, the impugned order is set aside and the trial Court shall first decide the question of maintainability of the suit and take appropriate steps with regard to impleading of parties etc. Thereafter only the Court shall proceed further in the matter. 5. With the above direction, the Civil Revision Petition is allowed. There shall be no order as to costs. _______________ K.C. BHANU, J February 08, 2011 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5317 OF 2009 February 08, 2011