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