THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.No.4805 of 2009 ORDER: The respondent filed O.S.No.98 of 2004 in the Court of Junior Civil Judge, Nandalur, Kadapa District against the petitioner for recovery of certain amount. The suit was decreed and after decree became final, the respondent filed E.P.No.19 of 2008 under Rule 40 of Order XXI C.P.C. with a prayer to direct arrest and detention of the petitioner. It is urged that though the petitioner is possessed of adequate means, he is not honouring the decree. The E.P. was opposed by the petitioner. The executing Court allowed the E.P. through order, dated 27.08.2009. Hence, this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The principal ground urged by the petitioner is that he filed I.P.No.15 of 2009 in the Court of Senior Civil Judge, Rajampet and as long as those proceedings are pending, he cannot be arrested in execution proceedings. The record however does not disclose that he has taken such a plea before the executing Court. In case, any I.P. is filed by a judgment debtor, the further proceedings in the E.P. deserve to be stayed. Subsection (3) of Section 55 of C.P.C. makes it obligatory on the part of the Court to inform that he can apply to be declared as insolvent. Such a step was obviously not taken before the executing Court nor the factum of filing of I.P.No.15 of 2009 was brought to its notice. Even now, the petitioner can seek review of the order passed by the executing Court duly bringing the said facts to its notice. Therefore, the civil revision petition is dismissed leaving it open to the petitioner to seek review by pleading necessary facts. To protect the interests of the petitioner, further steps in pursuance of the order under revision are stayed for a period of six weeks from today. There shall be no order as to costs. __________ 31.08.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.No.4805 of 2009 Date: 31.08.2010 JSU