G SHANMUGHAM Vs. C K SEETHALAKSHMI

JUDGEMENT

(1.) Aggrieved by the order dated 21.3.1987, in E.P.No.2107 of 1992 in O.S.No.5295 of 1980 passed by the IX Assistant City Civil Judge, Chennai against the third defendant-judgment debtor, this revision petition has been filed.

(2.) The respondent-plaintiff pursuant to the decree dated 4.2.1985 in O.S.No.5295 of 1980, applied for the execution of the decree in E.P.No.2107 of 1992 and sought for an arrest of third defendant namely, G.Shanmugham for the realisation of the amount and the same was resisted by the defendant. In the counter filed by the third defendant it is stated that the decree holder had received the amounts from the other defendants and therefore, the decree had already been satisfied. Without prejudice to the said contention, he has also stated that he has not sufficient means to pay the decree amount and therefore, the execution petition for arrest is not maintainable.

(3.) Before the Executing Court, one Swaminathan was examined on behalf of the plaintiff-decree holder and the third defendant was examined as RW1 and marked Ex.R1. The Executing Court after considering the entire matter, came to the conclusion that the defendant-judgment debtor has not proved that he has no means to pay the decree amount and allowed the petition. Aggrieved by the same, the third defendant-judgment debtor has filed this revision petition.