THE HON’BLE SRIJUSTICE V ESWARAIAH C.R.P.No. 5646 AND 5701 of 2010 COMMON ORDER: Both these revisions arise out of common execution proceedings and the petitioner in both these proceedings is judgment debtor and the respondent is decree holder. It appears that the respondent herein filed a suit for recovery of money and the same was decreed in the year 2005 and as the decretal amount was not paid, the salary of the petitioner herein was attached for a period of 24 months and even thereafter the balance amount payable is Rs.12,36,560/-, as such an application was filed seeking arrest of the petitioner and to send him to civil prison for non payment of decretal amount, in spite of having sufficient means. It is the case of the respondent that the petitioner herein is having sufficient means to pay as he is getting a monthly salary of about Rs.26,000/- and also owns a house worth about Rs.20,00,000/-. In fact, the petitioner herein has admitted in his cross examination about his salary as Rs.26,000/- per month and owning a house building worth about Rs.20,00,000/-. The petitioner was cross examined on 6.9.2010 and the matter was adjourned and posted to 16.9.2010 and on that date he filed two applications, one under section 151 of Civil Procedure Code to reopen the Execution Petition No. 22 of 2009 and another under Rule 129 of Civil Rules of Practice read with Section 151 of Civil Procedure Code to summon the Bank Manager, Industrial Estate Branch, State Bank of India, Visakapatnam to cause production of the bank statements and to give evidence in respect of his account from 14.7.2008 to 10.7.2010. The petitioner states that unless the Court summons the Bank Manager to cause production of his bank statements, he will suffer irreparable loss. Learned counsel for petitioner submits that the petitioner is entitled to fair and reasonable opportunity, therefore, he is entitled to summon the Bank Manager and also to reopen the execution proceedings for adducing further evidence. Heard the learned counsel for petitioner at length and perused both the orders under revision. It is not the case of the petitioner that he is not in possession of his own bank statements, which would reflect the entries for the relevant period i.e., 14.7.2008 to 10.7.2010. If there is any relevancy, it is always open for the petitioner to file his own bank statements. As such, the Court below by order dated 20th September, 2010 dismissed the application to summon the Bank Manager, on the ground that there was no need to summon the Bank Manager, as the bank pass books were already marked, which disclose the deductions of the mortgage debt and other recoveries. After dismissal of the above application by orders dated 20th September, 2010, the petitioner herein filed another application under Section 151 of Civil Procedure Code to reopen Execution Petition No. 22 of 2009 for adducing further evidence, which was dismissed by order dated 1st October,2010 on the ground that said application was filed for no reason except to drag on the proceedings on some ground or the other. Since the bank statements were already filed, which reflect the deductions of the mortgage debt and other recoveries, summoning of the bank manager is not called for. The petitioner is entitled to adduce the evidence available with him, or else, he can get the certified copies of such documents and if the same were refused to be given, then, it would be open for him to summon the concerned Officer, but in the instant case, there is no relevancy to summon the Bank Manager for production of petitioner’s own bank statements. Further, insofar as reopening of the execution proceedings is concerned, which is only for adducing further evidence and it is not stated as to what is the further evidence which is required to be adduced by the petitioner. For the foregoing reasons, there is no reason warranting interference of this Court and the revision petitions fail and are accordingly dismissed. No costs. ______________ V ESWARAIAH,J DATE: 21.1.2011 TVK THE HON’BLE SRIJUSTICE V ESWARAIAH C.R.P.No. 5646 AND 5701 OF 2010 Date: 21.1.2011