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High Court of Kerala
K. Sankaran, Anna Chandy, JJ.
Francis - Appellant
Versus
Palai Central Bank Limited - Respondent
A.S. No. 98 of 1959
Decided On : 05-08-1959
Judgment - debtor - Warrant of Arrest - The court found that the debtor had means to pay the debt and was neglecting to do so. No fresh enquiry into the debtor's means was necessary at this stage. Lower court was right in rejecting the debtor's objection petition.
Fact of the Case:
Debtor appealed against the lower court's order dismissing his objection to the issue of warrant of arrest, claiming he had no means to pay the debt.
Finding of the Court:
The court found that the debtor had means to pay the debt and was neglecting to do so. No fresh enquiry into the debtor's means was necessary at this stage. Lower court was right in rejecting the debtor's objection petition.
Issues: Debtor's objection to the issue of warrant of arrest, claim of having no means to pay the debt, and failure to have the prior order reviewed.
Ratio Decidendi: No fresh enquiry into the debtor's means was necessary at this stage as the debtor had not alleged any change in his financial circumstances since the prior order.
Final Decision: The appeal fails and is dismissed with costs.
K. Sankaran, C.J.
1. Judgment - debtor has preferred this appeal against the lower court's order dismissing his objection to the issue of warrant of arrest. His plea is that he has no means to pay the debt. The identical plea had been put forward by him on a prior occasion and after enquiring into the matter the court found that he had the means to pay the debt and that he was neglecting to pay the same. That order remains in force even now. Defendant's attempt to have it reviewed has failed. It has also to be noted that in the present objection the defendant has not made any allegation that subsequent to the date of the prior order, he has lost any of the assets which were found to exist. On the other hand it is conceded now that he is possessed of properties and the complaint is that they have been attached by the decree holder. Under these circumstances no fresh enquiry into the means of the judgment - debtor at this stage was necessary. The lower court was right in rejecting the defendant's objection petition.
The result is that this appeal fails and is dismissed with costs.
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