IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 CRP.No. 806 of 2007() --------------------- (AGAINST ORDER IN E.P 293/06 IN OS 567/03 OF MUNSIFF, NORTH PARAVUR) REVN. PETITIONER: JUDGMENT DEBTOR --------------------------------- HARI, S/O.VIJAYAN, KUDILIL, PARAVEETHARA MURI, PARAVUR VILLAGE, PARAVUR TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT: DECREE HOLDERS --------------------------- CHANDRASEKHARA MENON, S/O.PARAMESWARA MENON, 'JAYASREE' PERUVAROM KARA, PARAVUR VILLAGE, PARAVUR TALUK. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 806 OF 2007 --------------------- Dated this the 1st day of January, 2008 ORDER This revision petition is preferred against the order of the Munsiff, North Paravur, in EP 293/06 in OS 567/03. This is for realisaiton of the amount due under the decree by arrest of the judgment debtor. On a previous occasion the matter came before this Court as C.R.P. 514/07. This court remanded the matter to the executing court for fresh consideration. This court found that the evidence is not satisfactory and the decree holder has not resorted to the proceedings under Order XXI Rule 41(2) of the CPC. After the remand, the decree holder mounted the box and gave some evidence. Even a perusal of the chief affidavit would reveal that by virtue of Ext.A1 document what has been obtained by the judgment debtor is only about 10 shares in a company and the landed properties are set apart to the share of his son. The court below found that he is an able bodied man and is looking after the property of his son. I am afraid that these assumptions are not sufficient to send a person to a civil prison which affects his liberty. It is true that the judgment debtor would have mounted the box and gave some CRP NO.806/07 2 evidence in support of his contentions. Though notice is served on the decree holder, he is not represented by any person before this court. Therefore as a last chance, I am inclined to grant one more opportunity to the judgment debtor to mount the box and give evidence in support of his contention. Therefore the order under challenge is set aside and the matter is remanded back to the court below for fresh consideration after affording an opportunity to the judgment debtor to adduce evidence. If further evidence is necessitated on the part of the decree holder, that also may be permitted and the matter be disposed of in accordance with law, after hearing both sides. The parties are directed to appear before the court below on 1.2.08. M.N.KRISHNAN, JUDGE vps CRP NO.806/07 3