P.M. MUZAMMIL Vs. CANARA BANK

JUDGEMENT

(1.) THE judgment debtor is the revision petitioner. He challenges the order passed by the executing court ordering his arrest and detention.

(2.) AS per the decree, the respondent/decree holder is entitled to realise a total sum of Rs. 5,21,115/ - with interest. The decree holder filed the Execution Petition to realise the decree amount by arrest and detention of the judgment debtor. The judgment debtor pleaded no means. On behalf of the decree holder, PW1, the Bank Manager, was examined and Exhibit A1 was marked. The judgment debtor was examined as RW1.

(3.) IT is true that the burden of proof to show that the judgment debtor has the means to pay the decree debt is on the decree holder. In Kuppuswamy v. P.G. Menon ( : 1992 (2) KLT 203), it was held as follows: