THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.5446 of 2009 ORDER: The first respondent/decree holder filed E.P.No.96 of 2007 in O.S.No.101 of 2003 on the file of the Senior Civil Judge, Gajuwaka, seeking to issue warrant of arrest of the petitioner/judgment debtor and commit him to civil prison for realisation of the decretal amount of Rs.3,12,182/-. During the pendency of the said E.P., the petitioner paid a sum of Rs.1,70,000/- on different dates towards part satisfaction of the decretal amount. Since he failed to pay the balance decretal amount, the executing Court vide docket order, dated 01.10.2009, ordered to issue arrest warrant by 29.10.2009. Aggrieved by the same, the petitioner/judgment debtor filed the present revision. 3. Learned counsel for the petitioner contended that the Court below ought not to have ordered the arrest of petitioner without adducing any evidence as regards his means. He further contended that the petitioner has paid a sum of Rs.1,70,000/-and that he has no means to pay the balance decretal amount. 4. Heard the learned counsel for the petitioner and perused the material on record. 5. From a perusal of the order impugned, it shows that the executing Court has not given any reasons for ordering the arrest of petitioner/judgment debtor except stating that he was absent when the matter was called. Before ordering the arrest of judgment debtor, the executing Court has to examine as to whether the petitioner has sufficient means to pay the balance decretal amount. Since the executing Court has passed the order impugned without ascertaining as to the means of the petitioner and without giving any reasons, I am of the opinion that the matter is remitted to the executing Court for passing appropriate orders, on merits, in accordance with law, after ascertaining the fact that whether the petitioner/judgment debtor is having sufficient means to pay the balance decretal amount. 6. Accordingly, the Civil Revision Petition is allowed, setting aside the order impugned. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:27.08.2010 sj