Case Summary
Petitioner, a cooperative bank, filed an execution petition seeking arrest and detention of judgment debtors for non-payment of decree debt. Court considered the means of the respondents to pay the debt and allowed the petition against the first respondent only.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Arrest and detention of the first respondent
Case Type
Execution Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner successfully proved that the first respondent had sufficient means to pay off the decree debt and willfully neglected to pay it.
The petitioner successfully proved that the first respondent had sufficient means to pay off the decree debt and willfully neglected to pay it.
Judgment Evidence:
The requirement of S.51 CPC will be satisfied if the judgment debtor has means to pay the debt either from liquid resources or assets belonging to him which can reasonably furnish such resources.
Parties Involved
Plaintiffs
The Secretary, Kalpakancheri Service Co-operative Bank (Age not specified years)
Ltd. No.1808. Kalpakancheri Post
Defendants
Pottachola Hussain (Age not specified years)
Kalpakancheri amsom, Karinkathani desom, Poonthottappadi desom
Kundil Yoosafali (Age not specified years)
Kalpakancheri amsom, Karinkathani desom
Pattayil Ayyappan (Age not specified years)
Kalpakancheri amsom, Poonthottappadi desom
Reliefs
Relief Type:
Arrest and Detention
Outcome:
Granted
Description:
Arrest and detention of the first respondent for non-payment of decree debt
Evidence:
The requirement of S.51 CPC will be satisfied if the judgment debtor has means to pay the debt either from liquid resources or assets belonging to him which can reasonably furnish such resources.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Used to prove that the first respondent has sufficient means to pay off the decree debt.
Reference:
Ext.A1