P G NARAYANA PILLAI Vs. J T FINANCE

JUDGEMENT

(1.) JUDGMENT debtor in E.P. No.6 of 2009 in O.S No.198 of 2002 of the court of learned Munsiff, Pala is the petitioner before me challenging Ext.P3, order issuing warrant of arrest to the petitioner for recovery of the amount due under the decree.

(2.) THOUGH notice on this petition was served on respondent there is no appearance before me. I have heard learned counsel for petitioner.

(3.) NO doubt the initial burden of proving means of judgment debtor is on the decree holder. In Kuppuswamy v. P.G.Menon (1992 [2] KLT 203) it was held that decree holder is not required to bring in evidence regarding all details of source of income of judgment debtor and that if some evidence is produced it is for the judgment to adduce contra evidence.