The judgment debtor in E.P.No.65/2003 in O.S.No.35/2000 on the file of the Sub Court, Pathanamthitta is the petitioner in this Writ Petition. The respondent bank filed the suit for realisation of the money. The suit was decreed. The bank filed E.P.No.65/2003 for realisation of an amount of Rs.1,79,253/-. One of the modes of execution sought for was arrest and detention of the petitioner in civil prison. The petitioner did not appear before the executing court on receipt of the notice issued to him under Order XXI Rule 37. The decree holder filed an affidavit. Warrant of arrest was issued against the petitioner on 22.3.2005. The petitioner was arrested and brought before the executing court on 21.10.2005. On that day the petitioner paid an amount of Rs.5,000/- and E.P. was posted to 25.10.2005. On that day the petitioner paid another amount of Rs.3,000/- and the E.P. was adjourned to 13.12.2005. The petitioner filed an objection on 21.10.2005 contending that he has no means to pay the debt. The petitioner filed E.A.No.251/2005 before the executing court on 19.11.2005 praying that the executing court may consider the issue of means of the judgment debtor before further pr