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1981 Supreme(Ker) 286

M.P.MENON
P. V. MATHEW – Appellant
Versus
BANK OF COCHIN LTD – Respondent


Judgment :-

1. The 2nd judgment-debtor in O'.S.No. 57/72 of the Subordinate Judge's Court of Cochin is the common revision petitioner. The suit was for money; and 40 cents of land with a residential building therein was attached before judgment. After judgment, the decree was transferred to the Ernakulam Sub Court for execution. When notice under 0.21 R.37 was issued, the petitioner entered appearance and filed objections. The proceedings were thereafter adjourned from time to time to enable the judgment debtors to effect payment. On 1st November, 1977 the petitioner did not appear. The decree holder filed an affidavit to prove means and arrest was ordered. Warrant for arrest was issued several times, but the petitioner remained elusive. By November, 1978 the Idikki Judicial District was formed and a District Court and Sub Court were established at Thodupuzha As the petitioner's place of residence fell within the jurisdiction of the newly formed Sub Court at Thodupuzha, the execution proceedings were transferred to that court under S.24 CPC. That court also ordered issue of warrant twice or thrice, but the petitioner was still not arrested. On 22-6-79 the court passed the following


























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