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.
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C.R.P. NO. 30 OF 2008
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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