IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 24280 of 2009(O) -------------------------- AGAINST THE ORDER IN EA 216,220/09IN EP 293/08 IN OS.73/2007 of PRL.MUNSIFF COURT, KASARAGOD. .................... PETITIONER(S): -------------------------- ILLIYAS.T.A, S/O.T.A.AHAMAD, AGED 54 YEARS, HOTEL AHAMAD, FORT ROAD, POST KASARAGODE, KASARAGODE TALUK AND DISTRICT. BY ADVS. MR.V.T.MADHAVANUNNI, MR.V.A.SATHEESH, MR.J.ABHILASH. RESPONDENT(S): --------------------------- NORTH MALABAR GRAMIN BANK, KASARAGODE BRANCH, REPRESENTED BY ITS MANAGER, POST KASARAGODE, KASARAGODE TALUK AND DISTRICT. BY ADV. MR. DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24280 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th August, 2009 JUDGMENT The Writ Petition is filed seeking the following relief: “That this Hon'ble Court be pleased to call for the entire records in E.P.No.293/2008 in O.S.No.73 of 2007 on the file of the Principal Munsiff, Kasaragod and issue a writ, order or direction setting aside the Exhibit P7 and P8 orders in E.A.No.216/2009 and E.A.No.220/2009 respectively.” 2. Petitioner is the judgment debtor in E.P.No.293 of 2008 in O.S.No.73 of 2007 on the file of the Principal Munsiff Court, Kasaragod. When execution of the decree proceeded the judgment debtor pleaded no means. On the side of the decree holder, the manager of the Bank was examined to dispute the plea of no means raised by the judgment debtor. His authority to be examined on behalf of the Bank was challenged by the judgment debtor. A photo copy of the power of attorney produced by him was also challenged by the judgment debtor. Overruling the objection, the court below ordered reception of that photo copy and permission was accorded to examine the present manager of the Bank as a witness for the Bank. W.P.C.No.2480/09 - 2 - The orders passed by the execution court is challenged in the Writ Petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and the facts and circumstances presented, I find no notice to the respondent is necessary and it is dispensed with. I do not find any impropriety or illegality in the orders passed by the executing court in accepting the photo copy of the power of attorney and permitting the examination of the officer of the Bank as a witness to give evidence in the execution proceedings. In fact, the decree holder Bank is not bound to examine an agent duly authorised by the bank, but any person as a witness to substantiate its case that the plea of no means taken by the judgment debtor is not correct. When a plea of no means is raised by the judgment debtor, an initial burden is cast upon the decree holder to show that the plea lacks merit. For that purpose decree holder proceeded to examine one of the officers of the Bank and that being challenged he has produced a photo copy of the power of attorney authorising him to give evidence. Power of attorney produced is a photo copy, the challenge canvassed by the judgment debtor to resist his W.P.C.No.2480/09 - 3 - examination, needless to point out, deserve only to be noted for its rejection. That is what has been done by the court below, and the orders passed thereunder deserve only to be upheld, and I do so. Writ Petition lacks merit, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE