T.F. GEORGE, S/O. THARAKAN FRANCIS, CHOOLPRAM DESOM, IRINGAPRAM VILLAGE, CHAVAKKAD TALUK Vs. BHARATHKSHEMAM COMPANY, THRISSUR VILLAGE AND TALUK PIN

JUDGEMENT

(1.) The above revision has been filed by the petitioner, challenging the order passed by the court below issuing warrant of arrest against the petitioner under Sec. 115 of the Code of Civil Procedure.

(2.) It is alleged in the revision petition that the first respondent company is engaged in conduct of kuries and respondents 2 and 3 auctioned the chity conducted by the first respondent and the petitioner was also a surety for that transaction. Due to non payment of the amount, the first respondent filed O.S.17/2007 before the Sub Court, Thrissur for realisation of the amount and the First Additional Sub Court, Thrissur has decreed the suit. Since the amount was not paid, first respondent company filed E.P.366/2010 against the petitioner alone for realisation of the amount by arrest and detention in civil prison on the allegation that, in spite of sufficient means, he has neglected to pay the amount. The revision petitioner entered appearance and filed counter statement stating that he has no means to pay the amount. The officer of he company was examined as PW1 and the petitioner was examined as RW1. After considering the evidence, the court below found that the petitioner is having means to pay the amount and ordered arrest. Aggrieved by the same, the present revision has been filed.

(3.) Heard Sri. N.J. Johnson, counsel appearing for the revision petitioner and Sri. M.S. Narayanan, counsel representing Sri. N. Subramaniam, counsel appearing for the first respondent and notice to other respondents is dispensed with as they are only the principal debtors and the execution petition has been filed only against the revision petitioner alone.