PARIPOORNAN
Kuppuswamy – Appellant
Versus
P. G. Menon – Respondent
The Judgment-debtor in O.S. No. 700 of 1986, Munsiffs Court, and Palakkad is the revision-petitioner. In this revision, he objects to the order passed by the court below in E.P. No. 381 of 1990-dated 30-9-1991. By the said order, the learned Munsiff held that the judgment-debtor has sufficient means to pay off the debt and ordered to issue an arrest warrant against him. The Judgment-debtor assails the said order.
2. 1 heard counsel. The respondent/Decree-holder obtained a decree for Rs. 6,200/-against the revision-petitioner. He filed E.P. No. 381 of 1990 and resorted to the coercive process of personal execution. The judgment-debtor contended that he has no means to pay the decree debt. The decree-holder was examined as PW1. He stated that the judgment-debtor owns houses and has assets to pay the decree debt. He also staled that the children have good jobs. In cross-examination of PW1, it was brought out that the houses belong to the deceased wife of the judgment-debtor. The revision-petitioner contended that the wife had executed a Will. But, no such Will was produced in the court below. It is fairly clear that on the death of the wife of the judgment-debtor, he will g
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