High Court Kerala High Court

P.N. Vijayan vs Damodaran on 14 March, 2007

Kerala High Court
P.N. Vijayan vs Damodaran on 14 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 143 of 2007()


1. P.N. VIJAYAN, S/O. NARAYANAN,
                      ...  Petitioner

                        Vs



1. DAMODARAN, S/O. P.C. MENON,
                       ...       Respondent

                For Petitioner  :SRI.M.K.DILEEPAN

                For Respondent  :SRI.ELDHO PAUL

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :14/03/2007

 O R D E R
                            K.P.BALACHANDRAN, J.

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                              C.R.P.NO.143 OF 2007

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                   Dated this the 14th day of March 2007


                                          ORDER

Heard counsel on both sides. The grievance of the petitioner

who is the judgment debtor in O.S.287/98 pending in execution

before the Munsiff’s Court, Muvattupuzha as E.P.136/06, is that the

court below without affording an opportunity for himself being

examined, in enquiry under Order XXI Rule 37 C.P.C. has directed

to issue warrant against him holding that he has sufficient means to

pay off the debt and is willfully neglecting the payment, which

finding, on the basis of the evidence furnished by PW1, according

to him, is not justified at all. Counsel for the decree holder submits

that the respondent/decree holder has no objection in affording an

opportunity to the petitioner for tendering evidence in support of

his contention of no means.

In the result, I set aside the impugned order allowing this

revision and remit back the matter to the Munsiff Court,

Muvattupuzha for consideration of the question of means of the

petitioner after allowing the petitioner also to adduce evidence that

he wants to adduce in the matter.

K.P.BALACHANDRAN, JUDGE

jes