THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3770 OF 2011 ORDER: The Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) is directed against the order, dated 20.06.2011, in E.P.No.815 of 2009 in O.S.No.1567 of 2005 on the file of the Principal Junior Civil Judge, Kurnool, whereunder and whereby, the Execution Petition filed to arrest the judgment debtor and to send him to civil prison under Order XXI Rules 37 and 38 C.P.C. in order to realize the E.P. amount, was allowed. 2. Learned counsel for the petitioner/judgment debtor contended that there is no evidence to show that the petitioner/ judgment debtor is evading to pay the decretal amount wantonly and that he has no means to pay the decretal amount. 3. There cannot be any dispute that under Order XXI Rule 37 C.P.C., two requirements are to be satisfied viz., firstly, that the judgment debtor is having means to pay the decretal amount and secondly, judgment debtor is willfully or wantonly evading to pay the decretal amount. 4. The object of the above provision is to afford protection to honest debtors, who are capable of paying their dues, for reasons beyond their control and who have not committed any act of bad faith. The test is whether the debtor is wiling to pay inspite of his means to pay. 5. The suit was filed by the respondent/decree holder for recovery of amount and decree was passed for recovery of Rs.46,200/-. As the petitioner/judgment debtor did not pay the money, arrest of the judgment debtor was sought and the same was allowed vide the impugned order. 6. The evidence of P.W.1 would go to show that the judgment debtor is working as an Attender in Roads and Buildings Department and he is getting gross salary of Rs.20,000/- per month and therefore, it is not difficult to pay the decretal amount. 7. With regard to the means of the judgment debtor, it is not in dispute that the judgment debtor is working as an Attender in Roads and Buildings Department and getting gross salary of Rs.20,000/- per month. When he is getting an income of Rs.20,000/- per month, it can be said that he has capacity to pay the decretal amount by way of instalments. The suit was decreed in the year 2005. Thereafter, he has not made any efforts to pay the decretal amount even by tendering part payments. Had he made any part payments, the entire decretal amount would have been realized by the decree holder. This circumstance would go to show that the judgment debtor is not willing to pay the decretal amount though he is having sufficient means to discharge the entire decretal amount. Therefore, considering these aspects, the trial Court rightly ordered for arrest of the judgment debtor and that order needs no interference by this Court and the petition is liable to be dismissed. 8. In view of the fact that the judgment debtor is working in a Government Department, one more opportunity can be given to him to discharge the decretal amount. Therefore, in the facts and circumstances of the case, the petitioner/judgment debtor is directed to pay the entire decretal amount together with interest and costs in ten (10) equal monthly instalments commencing from 1st November, 2011. For any reason, if the petitioner fails to pay a month’s instalment, the order of the trial Court shall be given effect to without any further reference to this Court. 9. With the above direction, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 18th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3770 OF 2011 Date:18.10.2011 AMD