This writ petition under Article 227 of the Constitution of India has been instituted by the second defendant in O.S.No.289 of 1998 on the files of the Munsiff’s Court, Mavelikkara seeking to set aside Ext.P2 common order passed by the learned Munsiff on the original side, Ext.P3 execution petition and various orders passed on that petition including Ext.P5 order directing the arrest and detention of the petitioner and others and Ext.P8 order attaching the properties of the petitioner and others on the reason that the first respondent who is the plaintiff in the suit has abused the process of court in a manner as to cause serious prejudice and injustice to the petitioner.

2. The facts, according to the petitioner are that the first respondent filed the suit for settlement of accounts between him and the defendants and also for a direction to the defendants to issue a certificate canceling the hypothecation noted in the Registration Book of the plaint schedule vehicle, a lorry which was subject matter of a hire purchase agreement between the plaintiffs and one of the defendants in the suit. Along with the suit, on the application filed by the plaintiff as I.A.No.1669 of 1