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SRI.JACOB,AGED 65 versus GOLDWIN CHITTIES AND HIREPURCHASE (P)

High Court of Kerala

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SRI.JACOB,AGED 65 v. GOLDWIN CHITTIES AND HIREPURCHASE (P) - CRP No. 514 of 2006 [2007] RD-KL 1234 (16 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 514 of 2006()

1. SRI.JACOB,AGED 65,
... Petitioner

Vs

1. GOLDWIN CHITTIES AND HIREPURCHASE (P)
... Respondent

For Petitioner :SRI.D.ANIL KUMAR

For Respondent :SRI.K.N.PADMAKUMAR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :16/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... C.R.P.No.514 OF 2006 ............................................

DATED THIS THE 16TH DAY OF JANUARY, 2007

ORDER

Petitioner is first judgment debtor in O.S.1989 of 2000 on the file of Munsiff Court, Thrissur. Respondent is the decree holder. For realisation of the decree debt, respondent filed E.P.2031 of 2003. In answer to Rule 37 notice petitioner filed objection contending that he has no means to pay the decree debt. As per the impugned order dated 16.6.2006, learned Munsiff ordered arrest of petitioner. It is challenged in this revision petition filed under Section 115 of Code of Civil Procedure. The impugned order reads:- "Judgment debtor 1 has means. Issue arrest warrant". The order does not disclose whether petitioner has even raised a contention that he has no means or on what basis learned Munsiff found that petitioner has the means. In such circumstances, the order is set aside. E.P.2031 of 2003 is remanded back to learned Munsiff for fresh disposal in accordance with law. Learned counsel appearing for respondent submitted CRP 514/2006 2 that oral evidence has already been recorded by the learned Munsiff. If that be so, it is not known why learned Munsiff has passed such a cryptic order without considering the evidence. Learned Munsiff is directed to dispose the execution petition as expeditiously as possible and at any rate, within three months from the date of receipt of a copy of this order.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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