THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2920 of 2011 Dated:18.11.2011 Between: Kakarla Ramakrishna Gangadhara Ramarao. …Petitioner and Kakinada Chit Funds Pvt.Ltd., And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2920 of 2011 ORDER: The petitioner is a judgment debtor in E.P.No.140 of 2010 which arises out of O.S.No.1560 of 2002 on the file of the Court of the II Additional Junior Civil Judge, Kakinada. After obtaining the decree for money, the first respondent (decree holder) filed the said E.P for execution of the decree for an amount of Rs.98,000/- by arrest of the judgment debtor. In the application, the decree holder alleged that the judgment debtor is owner of Acs.4.00 of land and that he is ignoring the decree though he has means to pay the money. The petitioner contested the matter. Oral evidence of decree holder and that of judgment debtor were recorded. The plea that judgment debtor is owner of Acs.4.00 of land was not denied. Indeed, as R.W.1 he admitted, but it was contended that the land is under attachment in connection with another E.P of other Court, and that he should be treated as a person without means. This contention was rejected and E.P was allowed by the impugned order. Counsel for the petitioner submits that when there is a prior attachment of the property which is sought to be brought to sale, the order of arrest under Order XXI Rule 37 of the Code of Civil Procedure, 1908, is unsustainable. This Court is afraid, the submission cannot be accepted. The trial Court recorded a finding that the judgment debtor failed to adduce any evidence to prove his contention and in the absence thereof one has to draw the presumption under Section 114(g) of the Indian Evidence Act, 1872. After perusing the impugned order, this Court is convinced that the same does not suffer from any error apparent on the face of the record nor is it vitiated by error in the exercise of jurisdiction. The Civil Revision Petition is, therefore, dismissed. No costs. _______________ (V.V.S.RAO, J) 18.11.2011 vs