THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2492 OF 2009 ORDER: The petitioner filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the correctness of the order dated 30.03.2009 passed in E.P.No.94 of 2008 in O.S.No.1062 of 1994 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, in dismissing the petition filed under Order XXI Rule 48 CPC, seeking attachment of salary of judgment debtor No.4, fourth respondent herein, for realization of the decretal amount. The main contention urged on behalf of the petitioner is that having regard to the decree and the liability fixed on the fourth respondent, E.P. is filed, as he is evading discharging of the said liability. The Court below, however, sought to dismiss the execution on a fake ground that the fourth respondent is not in a position to pay the amount as his salary is very meager. Admittedly, there was no enquiry of whatsoever nature by production of any evidence on both the sides. Further, it is observed that no documentary evidence was produced on behalf of the fourth respondent to show that he is not in a position to discharge his liability. In view of the above, the Civil Revision Petition is allowed and the order dated 30.03.2009 in E.P.No.94 of 2008 is set aside. The matter is remanded to the Court below for fresh disposal on merits and in accordance with law after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 4th March 2011 RRB