GANGADHARA MENON Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE 2nd defendant is the appellant. This appeal arises from an order of the lower court directing the arrest of the 2nd defendant in execution of the decree, in case he fails to deposit Rs. 5/- every month for payment to the decree-holder. THE claim against the appellant was in respect of the court fees payable in a suit filed in forma pauperis, and in E. P. No. 160/1961 the State applied for issue of warrant for the arrest of the 2nd defendant on the ground that he had sufficient means to pay the decree amount and had failed to pay the same. 2nd defendant is a conductor of a bus getting rs. 54/- as salary and Rs. 14 0 as daily allowance for 20 days in a month; altogether, therefore, he is getting about Rs. 80/- a month by way of salary and allowance.

(2.) THE 2nd defendant contended that he had no means to pay the decree amount or any portion thereof and that he should not be arrested in execution of the decree.