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Judgment
Dr. Kauser Edappagath, J
Ext.P4 order issuing warrant against the petitioners is under challenge in this Original Petition.
The petitioners are the judgment debtors and the respondent is the decree holder in E.P. No.270/2021. The decree is one for money. The decree holder sought to execute the decree invoking Order 21 Rules 37, 38 and 40 of the Code of Civil Procedure by arrest and detention of the judgment debtors in civil prison. The judgment debtors pleaded no means. The trial court after conducting enquiry found that the judgment debtors have sufficient means and they wilfully failed to pay the decree debt. Accordingly, Ext.P4 order was passed issuing warrant against judgment debtors to send them to civil prison. It is challenging the said order, the judgment debtors have filed this Original Petition.
I have heard Sri.Kodoth Sreedharan, the learned counsel appearing for the petitioners and Sri.Shashank Devan, the learned counsel appearing for the respondent.
The Manager of the decree holder bank was examined as PW1. On the side of the decree holder, Exts.A1 to A3 were also produced. PW1 gave evidence that the judgment debtors have sufficient means to pay off the debt. As against the evidence of PW1, no contra oral evidence has been adduced by the judgment debtors. Both of the judgment debtors did not enter into the box to adduce contract. The trail court after evaluating the evidence, found that the judgment debtors have sufficient means to pay the decree debt. I see no illegality or impropriety in the impugned order.
Hence, this Original Petition is dismissed.