THE HON’BLE SRI JUSTICE K.G. SHANKAR C.R.P.No.2595 of 2007 Date: 07.12.2010 Between: Allamsetty Chandrabhushana Rao .. Petitioner AND D.V. Krishna Rao .. Respondent THE HON’BLE SRI JUSTICE K.G. SHANKAR C.R.P. No.2595 of 2007 ORDER: The revision petitioner is the decree holder. After obtaining a decree, he sought to execute the same for the arrest and detention of the judgment debtor in the civil prison. The decree holder examined himself as PW.1 and the judgment debtor was examined as RW.1. No documents were marked on either side. The learned Judge held that the decree holder failed to establish that the judgment debtor has means to honour of the decree but has failed to do so. Aggrieved by the same, the decree holder preferred the present revision. The point for consideration is whether the judgment debtor deserves to be arrest and detained in the civil prison and whether the order of the execution Court is erroneous. The decree holder shall establish that the judgment debtor has means and has no intention to honour of the decree albeit he has mean, before the decree holder can ask the execution Court for the arrest of the judgment debtor. While so, neither the decree holder nor the judgment debtor filed any documentary evidence in support of their respective claims. The evidence of the decree holder as PW.1 and the evidence of the judgement debtor as RW.1 are oath against oath. I therefore consider that further opportunity should be granted to both sides to let in further evidence, if any, to prove the respective stands. Consequently, the matter is remitted to the execution Court to accord fresh opportunity to both sides to let in further evidence both oral and documentary, and to decide the case on merits thereafter. Accordingly, the Civil Revision Petition is allowed. No costs. ________________ K.G. SHANKAR, J Date: 07.12.2010 Isn