IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 CRP.No. 1029 of 2007() ----------------------------- AGAINST THE ORDER DATED 02/11/2007 IN E.P.136/2006 IN OS.287/1998 of MUNSIFF COURT,MUVATTUPUZHA .................... REVN. PETITIONER: PETITIONER/JUDGMENT DEBTOR ----------------------------- P.N.VIJAYAN, S/O. NARAYANAN, KARIKKUZHIYIL, KUNNACKAL P.O., VALAKAM VILLAGE. BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN SMT.P.SUMITHRA RESPONDENTS: DECREE HOLDER ----------------------- DAMODARAN, S/O. P.C.MENON, RESIDING AT SARAD SADAN, ARCHANA COLONY, AKATHETHARA, PALAKKAD. BY ADV. SRI.ELDHO PAUL SMT.TESSY JOSE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP. NO.1029/2007 ORDER ON IA. NO. 2924/2007 IN CRP. NO.1029/2007 DISMISSED 04.01.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 1029 OF 2007 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. O R D E R This revision petition is preferred against the order of the Munsiff, Muvattupuzha in E.P.136/06 in O.S.287/98. The Court below found that the judgment debtor has admitted in the chief examination itself that he earns Rs.150/- per month from the Aluminium fabrication work in which is he is engaged. If it is so then it may not be correct to hold that there is sufficient means. Even if it is Rs.150 per day what the Court has to consider is whether he is having sufficient means to pay the entire amount in lump sum. This aspect of the matter has not been considered by the Court below at all. Though the decree holder has raised so many contentions regarding the immovable property etc. nothing is produced to show about the property which the judgment debtor is having. Therefore still the materials available are not sufficient to hold one way or the other regarding the means of the person. Therefore, the order under challenge is set aside and the matter is remitted back to the Court below for CRP NO.1029 of 2007 -:2:- fresh consideration by permitting both the parties to adduce evidence in support of their respective contentions. Parties are directed to appear before the Court below on 11.2.08. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-