ORDER : In this civil revision petition against the order of execution directed against the defendant judgment-debtor, Miss O.K. Sridevi, learned counsel, submits that no payment can be made to the decree-holder who is a foreigner. This point is well taken and has to be accepted.

2. In the counter-affidavit filed by the Judgment-debtor, it is stated;

"'I submit that the decree-holder Fateh Khan has left for Pakistan about three years back and that he has not obtained any permit from the Reserve Bank of India for realising the money due to him."

The decree-holder has not filed any affidavit to controvert this statement. It is also clear that the decree-holder is not now a resident and he is a Pathan - according to the defendant a foreigner. If the contention of the decree-bolder is that he is an Indian national, he ought to have filed an affidavit or let in evidence to that effect. In the record as it stands, the allegation by the judgment-debtor has not been controverted. The power of attorney agent generally denies the allegation and his statement is of no value. Section 5(1), clauses (a) and (c) of the Foreign Exchange Regulation Act (VII of 1947) are clear that no payment