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1971 Supreme(Ker) 60

P.SUBRAMONIAN POTI
KADRU KUNHU ABDUL KARIM – Appellant
Versus
NARAYANA PILLAI RAGHAVAN PILLAI – Respondent


Judgment :-

1. An objection by the judgment-debtor seeking adjudication of want of means of the judgment-debtor to pay the decree amount has been rejected by the execution court. This objection was raised in answer to proceedings in execution for arrest and detention of the judgment-debtor in the civil prison. The question whether the judgment debtor had means to pay and was neglecting such payment notwithstanding such means had been considered earlier and by order dated 22 71960 the court had found that there were sufficient grounds for the decree holder to seek execution by arrest and detention of the judgment-debtor in the civil prison. In view of this order the execution court held that a fresh adjudication was not called for. The view taken by the execution court has been adopted by the appellate court also and it is this that has been challenged in second appeal.

2. S.51 of the Code of Civil Procedure provides that, on the application of the decree-holder, the court may, subject to such conditions and limitations as may be prescribed, order execution of the decree and one of the modes prescribed for execution of the decree is by arrest and detention of the judgment-debtor in p























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