The question arising for consideration is whether the Court can pass an order to impound the passport of a judgment debtor in an execution proceedings on the apprehension raised by the decree holder that he is likely to leave the country, and thus, the decree holder would be deprived of realising the fruits of the decree.

2. The petitioner is the judgment debtor in E.P.No.253/2008 in O.S.No.152/2005 on the file of the Vadakara Munsiff Court. Suit was one for money which was decreed ex parte. The execution petition filed before the Munsiff Court, Vadakara was transferred to Munsiff court, Mancheri. The decree holder moved an application before that court under Section 151 of the CPC for an order to the Passport officer, Malappuram to impound the passport of the judgment debtor alleging that the judgment debtor who was in a gulf country has just now come back to his house, but, avoiding the notice and trying to leave the country. It is the further case of the decree holder that a long pending warrant issued by a Magistrate Court against the judgment debtor is pending for execution and that an attempt made by the decree holder to impound the passport of the judgment debtor t