IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 CRP.No. 174 of 2008 ----------------------------- AGAINST THE ORDER DATED 11/11/2007 IN EP 27/2006 IN OS.503/2003 PRL. MUNSIFF COURT, PALAKKAD .................................... REVN. PETITIONER: JUDGMENT DEBTOR/DEFENDANT: ------------------------------------------------------------------------------- P. RAJASEKHARAN, "PUSHPA", SBI COLONY, 10/294, RAMANATHAPURAM, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: DECREE HOLDER/PLAINTIFF: ------------------------------------------------------------------- SUJATHA, W/O. K.M.K.JAYAKUMAR (LATE), "SUDHARMA", VIJAYAPURAM COLONY, PALAKKAD. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 174 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. O R D E R This revision petition is preferred against the order of the Principal Munsiff, Palakkad in E.P.27/06 in O.S.503/03 whereby he has ordered arrest of the judgment debtor in execution of the decree. Admittedly the judgment debtor was running a medical shop by name Krishna Medicals. Ext.X1 would show that there was such a medical shop and licence has been changed in the name of the daughter of the judgment debtor namely Lakshmi Dhanesh with effect from 8.9.2005. It is averred in the revision memorandum that on account of fire accident the building was destroyed and subsequently the father-in-law of the daughter purchased the property and expressed his desire to start a medical shop and therefore with his funds the shop has been started in the name of the daughter of the judgment debtor and judgment debtor is not having any means to pay. This is certainly a C.R.P. 174 OF 2008 -:2:- fact which the judgment debtor should have brought before the Court below. But he has not chosen to do so and he prays for an opportunity. I am inclined to grant an opportunity but on condition. I therefore set aside the order of the Court below on condition that the judgment debtor pays an amount of Rs.10,000/- within a period of one month from today and if such an amount is paid the Court shall permit him to adduce evidence in support of the plea of no means. I make it very clear that the payment of Rs.10,000/- ordered by the Court shall not be taken as a ground to hold that the judgment debtor is having the means to pay. Since I am disposing of the matter at the admission stage itself the Court shall give notice to the decree holder and also permit him to adduce evidence with respect to his contentions and dispose of the matter in accordance with law. In the light of this, the warrant shall not be executed till a final order is passed. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-