M P ABDUL SAMAD Vs. NEDUNGADI BANK LTD

JUDGEMENT

(1.) PETITIONER is the second judgment debtor in O.S.134/98 on the file of Munsiff Court, Tirur. First respondent is the decree holder. For realisation of the decree debt, respondent filed E.P.150/04. As per the impugned order dated 15.6.06, executing court directed arrest and detention of petitioner first judgment debtor. First judgment debtor did not challenge the order.The case of second judgment debtor is that he has no means and he did not get sufficient opportunity to disprove the documents produced by the bank relied on by the executing court and an opportunity is to be granted to adduce further evidence. Learned counsel appearing for decree holder submitted that if the court finds that an opportunity is to be granted, executing court may be directed to dispose the execution petition CRP 420/06 2 expeditiously.

(2.) IN view of the submission of learned counsel appearing for petitioner that second judgment debtor did not get sufficient opportunity to prove his case of no means, the order of arrest passed against second judgment debtor alone in E.P.150/04 is quashed. The executing court is directed to permit the parties to adduce further evidence and decide whether second judgment debtor has sufficient means to pay the decree debt. Executing court may dispose the execution petition expeditiously. Civil Revision Petition is disposed as above.