1. The writ petitioner is the judgment debtor in E.P.No.389 of 2003 in O.S.No.1596 of 1994 on the file of the Munsiff, Chavakkad. The respondent obtained a money decree as against the petitioner. To execute the decree, Ext.P1 execution petition was filed before the execution court. The prayer in Ext.P1 is for arrest and detention of the petitioner in civil prison.

2. The petitioner took up a contention that he has no means to pay the decree debt. The respondent, on the other hand, to prove the means of the petitioner, produced Ext.P2, an order of the Consumer Disputes Redressal Form, Thrissur in O.P.No.173 of 2002. No other evidence was let in. The execution court passed Ext.P3 order whereby presuming from Ext.P2 it was found that the petitioner has got sufficient means. Assailing Ext.P3, this writ petition is filed under Article 227 of the Constitution of India.

3. The relevant portion of Ext.P3 reads as follows:

“Heard both sides, This is an E.P. filed by the decree holder in order to realize the E.P. amount. Judgment debtor after application filed. Counter statement stating that judgment debtor has no means to pay the decree amount. In order to prove the means of judg