Francis vs Palai Central Bank Ltd.

Sankaran, C.J.—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.