JAYADEV SINGH A K Vs. M A MAJEETH

JUDGEMENT

(1.) The writ petitioner is the judgment - debtor in EP No. 389 of 2003 in OS No. 1596 of 1994 on the file of the Munsiff, Chavakkad. The respondent obtained a money decree as against the petitioner. To execute the decree, Ext. P1 execution petition was filed before the execution Court. The prayer in Ext. P1 is for arrest and detention of the petitioner in civil prison.

(2.) The petitioner took up a contention that he has no means to pay the decree debt. The respondent on the other hand, to prove the means of the petitioner, produced Ext. P2, an order of the Consumer Disputes Redressal Forum, Thrissur in OP No. 173 of 2002. No other evidence was let in. The execution Court passed Ext. P3 order whereby presuming from Ext. P2 it was found that the petitioner has got sufficient means. Assailing Ext. P3, this writ petition is filed under Art.227 of the Constitution of India.

(3.) The relevant portion of Ext. P3 reads as follows: