D VISWANATHAN Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) Judgment debtors are the revision petitioners. Revision is directed against an order rejecting their objection to personal execution on the ground of no means and ordering warrant against them.

(2.) Decree is for payment of money. First defendant is said to be the principal debtor and second defendant the surety. But it is undisputed that under the suit document as well as under the provisions of the decree they are jointly and severally liable.

(3.) Pursuant to notice under O.21 R.37 both of them filed objection stating that they are not liable to personal execution because they have no means to pay the decree amount or any portion of it. In the affidavit filed by the decree holder there was an allegation that first defendant is having a business and income from it and hence he has means to pay the decree amount. In the counter affidavit the first defendant did not specifically say that he has no business but said he has no income and means to pay the decree debt and therefore he is not liable to be arrested and detained.