The High Court held that a decree holder may choose the mode of execution, including arrest, if the judgment debtor has sufficient means and willfully fails to pay. The court dismissed the revision challenging the dismissal of an application under Section 151 CPC to attach salary, noting no illegality existed.
Petition filed under Section 115 CPC is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930
CRP.No. 539 of 2008() --------------------AGAINST THE ORDER IN EA 198/2008 IN E.P.No.298/2004 IN OS.2021/1998 of II ADDL. MUNSIFF COURT, TRIVANDRUM
REVN. PETITIONER: 3rd JUDGMENT DEBTOR ------------------
V.VIKRAMAN, RECORD KEEPER, ACCOUNTANT GENERAL OFFICE RESIDING AT T.C.15/1936, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENTS: DECREE HOLDER
B. RAJENDRAN NAIR, FEXMA GENERAL CHITTY FUND THIRUVANANTHAPURAM.
BY
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J.
C.R.P.No.539 of 2008
Dated this the 14th July, 2008.
O R D E R
Petitioner is the third judgment debtor in O.S.No.2021 of 1998, on the file of Additional Munsiff Court, Thiruvananthapuram. E.P.No.298 of 2004 was filed for arrest and detention of the petitioner contending that he has sufficient means and willfully failed to discharge the decree debt. Petitioner raised a contention that he has no means. Learned Munsiff originally upheld the case of the decree holder and ordered his arrest. It was challenged before this Court in C.R.P.No.208 of 2007. This Court remanded the execution petition to the executing court to consider whether petitioner has sufficient means. Executing Court thereafter conducted an enquiry and found that petitioner has sufficient means. At that stage, petitioner filed E.A.No.198 of 2008 under Section 151 of Code of Civil Procedure to direct the Superior Officer of the petitioner to deposit a portion of his salary by deducting it from the salary. It was dismissed by the learned Munsiff. It is under challenge in this revision filed under Section 115 of the Code of Civil Procedure.
CRP.No.539/2008
2
heard.
M.SASIDHARAN NAMBIAR, JUDGE
nj.
2 issues framed by the court
Whether a judgment debtor can divert execution from arrest to salary attachment when the executing court finds sufficient means and the petitioner filed an application under Section 151 CPC.
Whether the dismissal of the application under Section 151 CPC by the learned Munsiff is liable to be interfered with in a revision under Section 115 CPC.
2 provisions across 1 enactments
3rd JUDGMENT DEBTOR
B. RAJENDRAN NAIR
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
