IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1278 of 2006 Between: PalKukkala Adinarayana ..... PETITIONER(S) AND Dokku Dharma Raju .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1278 of 2006 ORDER: Petitioner, who is the judgment debtor, files this revision under Section 115 C.P.C. inter alia seeking to assail the correctness of the order rejecting his objection in the execution petition, which has been filed by the respondents-decree holders in pursuance of a decree for recovery of money. Heard both sides. Perused the material available on record. It is contended on behalf of the petitioner that even though he has raised objection as to the exemption which he claimed under Section 60(l) of C.P.C. with regard to the leave salary, yet the Court below without going into the said provision, rejected the same mainly on the ground that the application filed by him under Section 5 of the Limitation Act in filing the application to set aside the ex parte decree was dismissed. As can be seen from paragraph Nos.9 and 10 of the impugned order, the Court below, while rejecting the petitioner’s objection, has took the proceedings under Section 5 of the Limitation Act against the petitioner which has nothing to do with the present petition. Necessarily the petition has to be treated on its own merits and from the parameters of Section 60 of C.P.C. Since there was no any specific observation made by the Court below in this regard, the matter has to be considered afresh. Therefore, the Civil Revision Petition is allowed and the order passed in E.P.No.53 of 2005 in O.S.No.265 of 2001 on the file of the Junior Civil Judge, Gannavaram, is set aside and is remitted back to it for disposal afresh after hearing both sides and in accordance with law. There shall be no order as to costs. ______________________ B.PRAKASH RAO, J 15th July, 2010 CVRK