PARAMESWARAN Vs. MAR THEMOTHEUS CHARITIES

JUDGEMENT

(1.) Revision Petitioner judgment debtor challenges the order in EP 779 of 1984 in OS 261 of 1984 of the Munsiff Court, Trichur. Respondent decree holder filed the EP for realisation of the decree amount. Pursuant to the notice revision petitioner filed objection pleading no means and at the same time offering to pay the decree amount in instalments of Rs. 75 per month. The executing Court directed the revision petitioner to pay the entire balance amount and made it clear that on failure to do so arrest warrant will be issued.

(2.) Main contention of the revision petitioner is that the executing court went wrong in passing the impugned order without conducting an enquiry as to his means. It is urged that the mandatory requirements of S.51 CPC has been completely overlooked by the executing Court and this has resulted in an illegal exercise of jurisdiction.

(3.) The question that has to be considered is as to whether the court was justified in passing the impugned order without making any enquiry particularly in view of the fact that the petitioner filed objection stating that he does not have the means to pay the decree debt. S.51(c) empowers the court to order execution by arrest and detention in prison of the judgment debtor. The proviso to S.51 makes it clear that where the decree is for the payment of money execution by detention in prison shall not be ordered unless, after giving the judgment debtor an opportunity of showing cause why he should not be committed to prison.