THE HON’BLE MR JUSTICE L. NARASIMHA REDDY C.R.P.No.5494 of 2011 ORDER: The petitioner filed O.S.No.281 of 2006 in the Court of Principal Junior Civil Judge Chirala, against the respondent, for recovery of amount, on the strength of a promissory note. The suit was decreed and though the decree became final, the respondent did not pay the amount. The petitioner filed E.P.No.65 of 2009 under Rules 37 and 38 of Order XXI C.P.C., with a prayer to commit the respondent to civil prison. The respondent opposed the E.P., by stating that he is suffering from diseases and he does not own the property and that he is depending upon his wife for survival. He has also stated that he does not own any movable or immovable property. Through order, dated 25.08.2011, the Executing Court dismissed the E.P. Hence, this revision. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner. Whenever the decree-holder in a suit wants the judgment- debtor to be committed to civil prison, burden rests upon him to prove that the judgment-debtor is possessed of adequate means and still he neglected to comply with the decree. It is only when it is proved to the satisfaction of the Executing Court that the judgment-debtor is possessed of adequate means and did not pay the decretal amount, that the feasibility of passing an order committing the judgment-debtor to civil prison can be considered. In the instant case, except that the petitioner herein examined an individual as PW.2, no evidence worth its name was placed before this Court. When a civil liberty of the respondent is involved, the Court was required to be fully satisfied as to the compliance with the requirements of law. The Executing Court recorded a finding to the effect that the petitioner failed to prove the necessary ingredients. The C.R.P. is accordingly dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:22.12.2011 GJ