High Court Kerala High Court

K.K.Ravindran vs Thaikkad Kuries (P) Ltd. on 10 January, 2008

Kerala High Court
K.K.Ravindran vs Thaikkad Kuries (P) Ltd. on 10 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 30 of 2008()


1. K.K.RAVINDRAN,
                      ...  Petitioner

                        Vs



1. THAIKKAD KURIES (P) LTD., THAIKKAD AMSOM
                       ...       Respondent

                For Petitioner  :SRI.P.RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :10/01/2008

 O R D E R
                          M.N.KRISHNAN, J.
                          --------------------------
                        C.R.P. NO. 30 OF 2008
                            ---------------------
               Dated this the 10th day of January, 2008

                                 ORDER

This revision petition is preferred against the order of the

Munsiff, Chavakkad, in E.P. 222/2006 in O.S. 149/2001. The court

below ordered arrest on the ground that no vakalath is filed and no

payment is made. The court does not consider the question of

means at all and has passed the order. Learned counsel for the

revision petitioner has produced before me a certificate issued by a

Doctor. The certificate indicates that in an accident the revision

petitioner had sustained serious injuries which has resulted in partial

paralysis. In a petition filed to recall the warrant, the revision

petitioner stated that whatever pension he receives is to be spent for

treatment and therefore he is not having no means to pay.

In the light of these facts and in the absence of any finding

by the court regarding the mans, this court has necessarily to

interfere with the order. Therefore, the order under challenge is set

aside. The court below is directed to permit the present revision

petitioner to file a counter statement and also permit both sides to

C.R.P. NO.30/08 2

adduce both oral and documentary evidence in support of their

respective contentions and then dispose of the matter in accordance

with law. Since I am disposing of the matter at the admission stage

itself, the court below shall give notice to the counsel for the decree

holder, fix the date of appearance and then dispose of the matter. If

the counter is already filed, there need not be any further direction to

file a counter.

M.N.KRISHNAN, JUDGE

vps

C.R.P. NO.30/08 3