IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 CRP.No. 55 of 2010() -------------------- AGAINST THE ORDER DATED 05.01.2010 IN EP.174/2008 IN ARC.445/2003-2004 of MUNSIFF'S COURT, PERAMBARA .................... PETITIONER/JUDGMENT DEBTOR:- ------------------------------------ PHILIP JOSEPH, S/O.JOSEPH, THYPARAMBIL HOUSE, KOORACHUND VILLAGE KOZHIKODE. BY ADV. MR. K.M.FIROZ RESPONDENT/DECREE HODER:- ----------------------------------- THE SECRETARY, KALLANODE SERVICE CO-OPERATIVE BANK LTD.,P.O.KALLANODE, KOZHIKODE -673 615. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- C.R.P. No.55 of 2010 ---------------------------------------------------- Dated this the 2nd day of February, 2010. ORDER The revision petitioner who is the judgment debtor in E.P. No. 174 of 2008 in A.R.C. No. 445 of 2003-04 on the file of the Munsiff's Court, Perambra, challenges the order dated 05.01.2010 (wrongly mentioned 01.02.2010) passed by the Munsiff levying personal execution against the petitioner for the amount claimed in the E.P namely Rs.28.036/-. 2. The case of the petitioner is that he had pleaded no means and the court below did not give him an opportunity of substantiating his plea. 3. In a case where the judgment debtor pleads no means, in the ensuing enquiry, it is for the decree holder to prove that the judgment debtor has the means. The decree holder had adduced oral and documentary evidence to the effect that the judgment debtor is having means to pay the C.R.P. No. 55/2010 : 2 : decree debt and it was thereafter that the court below issued arrest warrant against the revision petitioner. I do not find any illegality or error of jurisdiction in the court below ordering arrest warrant against the petitioner. This revision is accordingly dismissed. All further proceedings in the E.P shall be kept in abeyance for a period of six months if the petitioner deposits the entire amount due before the court below within six months from today. Dated this the 2nd day of February, 2010. V. RAMKUMAR, JUDGE. rv C.R.P. No. 55/2010 : 3 :