A NANJUNDAN Vs. ALAMELU

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 20.11.2008 in E.P.R. No.24 of 2008 on the file of the learned Subordinate Judge Nilgiris, at Udhagamandalam, whereby and whereunder order of arrest was passed against, the revision petitioner for his failure to pay the decree amount.

(2.) THE petitioner was the defendant in O.S.No.744 of 1995 on the file of learned Subordinate Judge, Nilgiris. THE said suit which was filed for a money decree was decreed as per judgment and decree dated 3.10.1997 and the petitioner was directed to pay a sum of Rs.73.250/- with interest.

(3.) THE learned Subordinate Judge considered the matter in the light of the pleadings and recorded a factual finding that the revision petitioner has denied the means to pay the decree amount. However, the Court shifted the burden on the revision petitioner to prove that he has no means. Accordingly, an order of arrest was issued against the petitioner. It is the said order, which is challenged in the Civil Revision Petition.