P J THOMAS Vs. NARAYANA SWAMY PALANI

JUDGEMENT

(1.) Both the Counsel appearing for the parties consent that the matter be heard on merits and hence the C.R.P. is heard on merits,

(2.) The main ground in the revision petition is in spite of the objections takenregarding judgment-Debtor having no means to pay the decretal amount the trial Court has observed that the Court can order the arrest of the judgment-Debtor without any enquiry as to Ihe means and without recording any reason in writing, but after the debtor is brought under arrest the inquiry as to means must be held. The argument of the learned counsel is that no order for arrest can be made without first recording a finding on the question of means of Judgment-debtor.

(3.) Now, in this case, it has to be made very clear that the Judgment-debtor atevery stage of the execution proceedings is trying to object the exccutability of Ihe decree. Certain few facts are necessary to appreciate the stand laken by the Judgment-debtor.