THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4921 OF 2011 O R D E R: The Civil Revision Petition is directed against the order, dated 25.08.2011, in E.P.No.14 of 2011 in O.S.No.129 of 2010 on the file of the Principal Junior Civil Judge, Dhone whereunder and whereby, the petition filed under Order XXI Rules 37 and 38 of the Code of Civil Procedure, 1908 to send the judgment debtor to civil prison to realize the execution petition amount was allowed. 2. None appeared for the respondent/decree holder inspite of service of notice. 3. Under Order XXI Rule 37 C.P.C., two requirements are to be satisfied for arresting and sending the judgment debtor to civil prison in execution of the money decree. Firstly, the judgment debtor is having sufficient means to pay the decretal amount. Secondly, judgment debtor is willfully or wantonly avoiding to pay the decretal amount. The provisions relating to arrest and detention of the judgment debtor protect and safeguard the interests of the decree holder. If the judgment debtor has means to pay and still he refuses or neglects to honour his obligations, he can be sent to civil prison. 4. The evidence of P.W.1 would clearly go to show that the petitioner/judgment debtor is a Government employee and is getting income of more than Rs.4,000/- per month towards salary but till today, he has not paid any amount. Therefore, it is clear that though the petitioner, who is a Government employee, is having means to discharge the decretal amount even by instalments, he is evading to pay the decretal amount. So, for these two reasons, the trial Court rightly ordered for his arrest. There are no grounds to interfere with the impugned order and the petition is liable to be dismissed. 5. However, at the time of admission, this Court granted stay of arrest on condition of the petitioner/judgment debtor depositing 50% of the decretal amount together with interest and costs within a period of six (6) weeks from that day and that order has been complied with. The decretal amount is Rs.40,976/-. In view of the fact that the petitioner has already paid 50% of the decretal amount, reasonable time can be granted to the petitioner to enable him to pay the remaining 50% of the decretal amount. According to the learned counsel for the petitioner, the petitioner met with an accident and was bed ridden and if a reasonable time is granted, he would be pay that amount. Considering the facts and circumstances, four (4) months time is granted from today for the petitioner/judgment debtor to pay the remaining decretal amount either by way of instalments or in toto failing which, the order of the Executing Court shall be given effect to. 6. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 12th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4921 OF 2011 Date:12.12.2011 AMD