Raja Paul v. Shaji Jacob
Case brief
What is this about?
High Court set aside execution court orders finding sufficient means to pay decree debt due to lack of specific evidentiary findings. Court remanded matter for reconsideration with opportunity to adduce evidence.
What did the court decide?
Impugned orders set aside; matter remanded to executing court for reconsideration of sufficient means with opportunity to adduce further evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930
CRP.No. 202 of 2008(E)
------------------------------AGAINST THE ORDERS DATED 27/11/2007 IN E.P.503/2005 IN OS.417/1998 AND E.P.502/2005 IN O.S.412/1998 OF THE MUNSIFF COURT, CHAVAKKAD ....................
REVISION PETITIONER/JUDGMENT DEBTOR :
-----------------------------------------------------------------RAJA PAUL, S/O.ARIMBOOR MANI, PADINJARE ANGADI, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, TRICHUR DISTRICT.
BY ADV. SRI.A.K.CHINNAN SRI.SUSAL A.CHINNAN
RESPONDENT/DECREE HOLDER :
SHAJI JACOB, S/O.KUTHUR JACOB, CHIRALAYAM DESOM, KUNNAMKULAM VILLAGE, THALAPILLY TALUK.
Issues for consideration
1 issue framed by the court
Whether the impugned order of sufficient means without specific findings on evidence warrants setting aside?
Parties & counsel
- petitioner
Raja Paul
- respondent
Shaji Jacob
Coram
M.Sasidharan Nambiar
Case details
As recorded by the court registry
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