THE HON'BLE SRI JUSTICE B.PRAKASH RAO 7th August 2009 CIVIL REVISION PETITION NO.1534 of 2009 Between: Madala Venkata Ramanaiah, S/o.Venkata Subbaiah, H.No.7-11- 193/1, 4th Lane, Donka Road, Guntur. …PETITIONER AND Shaik Ghouse Basha, S/o.Rahamatullah, D.No.16-171, Bhagat Singh Road, Kalamandir Theatre Back Side, Chilakaluripet, Guntur District. …RESPONDENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1534 OF 2009 ORDER: The petitioner/judgment debtor files this revision under Section 115 of the Code of Civil Procedure, 1908 (CPC), inter alia, assailing the order dated 09.02.2009 in E.P.No.1090 of 2007 in O.S.No.123 of 2007 on the file of the I Additional Junior Civil Judge, Guntur, issuing arrest warrant in an application filed by the respondent herein under Order XXI Rules 37 and 38 CPC in pursuance of passing a decree for recovery of money. The main ground urged by the respondent herein in the Court below is that having regard to possession of sufficient means, the petitioner is not discharging his liability. The order of arrest reads as under. The respondent in this case has not been paid the amounts to the petitioner as per the orders passed by the Hon’ble Court on 27.09.2007. hence, arrest the respondent Sri V.Ramanaiah, S/o.Venkata Subbaiah and present before Court. Present him under Order 21 Rule 38 of CPC. Adjourned 04.03.2009. Total Warrant amount Rs.1,09,514.00. As seen from the above order, apparently, no enquiry is conducted nor there is opportunity to either side to substantiate the case, much less the finding as to the sufficiency of means and failure to discharge the said liability is not given. It is well settled that enquiry is mandatory to find a person’s capacity to discharge liability. Accordingly, the Civil Revision Petition is allowed and the matter is remanded to the Court below for conducting a detailed enquiry, after giving notice and opportunity and to pass orders afresh on merits. No costs. _________________ (B.PRAKASH RAO, J) 7th August 2009 RRB