THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.3227 of 2005 ORDER: The petitioner filed O.S.No.3056 of 1998 in the Court of the IV Additional Junior Civil Judge, Visakhapatnam against the respondent for recovery of certain amount. The suit was decreed. After the decree became final, he filed E.P.No.238 of 2004. In the E.P., he sought attachment of the bills payable to M/s. Sunny Road Lines by issuing pro-order to the garnishee for realisation of the E.P. amount. Initially, an order of attachment was passed. Thereafter, the E.P. was dismissed through order, dated 13.12.2004, on the ground that Sunny Road Lines is not a party to the suit nor it is a judgment-debtor. The same is challenged in this revision. Heard the learned counsel for the petitioner. Though the notice was sent to the respondent to the same address, as furnished in the E.P., it was not returned served. Having regard to the nature of the order, which is passed, it is felt that no further steps are necessary to serve the notice on the respondent. In column 12 of the E.P., the petitioner categorically stated that the bills of Sunny Road Lines be attached by issuing pro order to the garnishee. The question as to whether the respondent has any connection with Sunny Road Lines could have certainly been advanced by the petitioner. Even at this stage, it can be examined. The executing Court did not bestow its attention to the fact that the order was sought against the garnishee. It is only when the garnishee and other concerned appear before the Court that the question of entitlement can be determined. While admitting the revision, this court granted interim order on 19.08.2005. The petitioner can supplement the necessary facts before the executing Court establishing its entitlement to recover the amount from the attached bills. Hence, the civil revision petition is allowed and the order under revision is set aside. It is left open to the petitioner to supplement further facts and implead other parties, if necessary including the garnishee, within a period of six weeks from today. The executing Court shall examine the matter afresh duly taking into account, the facts that may be supplemented by the petitioner. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:25.08.2009 kdl