IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 CRP.No. 21 of 2008 -------------------------- AGAINST THE ORDER DATED 21/11/2007 IN EP. 153 /2007 IN OS.286/2005 OF MUNSIFF COURT, OTTAPPALAM ................................... REVN. PETITIONER: RESPONDENT -------------------------------------------------- M.K.SUDHAKARAN, S/O. KUMARAN, MANNALATHODI, SHORANUR VILLAGE, CHUDUVALATHOOR DESOM, OTTAPALAM TALUK. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) SRI.VINOD RAVINDRANATH RESPONDENTS: PETITIONER ----------------------------------------- T.V.SATHYAN,S/O.VELAYUDHAN THEKKENCHERI, PAIKULAM VILLAGE THALAPILLY TALUK. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.21 OF 2008 ===================== Dated this the 8th day of January 2008 O R D E R This revision petition is preferred against the order of the Munsiff's Court, Ottappalam in E.P.No.153 of 2007 in O.S.No.286 of 2005. The court below has ordered arrest warrant against the petitioner on the ground that he has got sufficient means to pay and has neglected to pay the amount. PW1 deposed that the judgment debtor has got landed property and is having the work of a goldsmith. On the contra, the judgment debtor mounted the box and denied the same. He submitted that though he was a worker of gold ornaments, due to ailment, he is not doing the work. The court below found that on appearance he appears to be a healthy man and therefore came to the conclusion that he has the capacity to pay off the decree debt as well. I feel the said method adopted by the court below is erroneous. When a civil liberty of a person is curtailed, there must be sufficient satisfactory materials to hold that he has got the means to pay and he is refusing to pay the amount. When the evidence of Pw1 is denied by the judgment debtor as DW1 and as there are no materials to show that on CRP 21/2008 -:2:- analysing the evidence, which is entitled to more weight, I am afraid to uphold the finding of the court below regarding means. Therefore, I set aside the order and direct the court below to consider the matter afresh after giving sufficient opportunity to both parties to adduce additional evidence. In case the judgment is having ailments he may prove it by producing the evidence. The decree holder is also permitted to adduce evidence to prove the means of the judgment debtor. The judgment debtor is directed to appear before the court below on 18.2.2008 and on that day notice be given to the decree holder's counsel and fix the date in consultation with both and thereafter dispose of the matter in accordance with law. C.R.P. is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-