Case Summary
The Secretary of a Cooperative Bank filed a petition seeking execution of a money decree by arresting the judgment debtor due to non-payment of the decreed debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Detention of respondent in civil prison for two months
Case Type
Execution Petition - Decree for Payment of Money
Final Judgment
No
Why Plaintiff Won:
The petitioner proved that the respondent had sufficient means to pay the decree debt but willfully neglected to do so. The respondent's arguments were not supported by evidence, and it was established that the respondent had income sources to pay the debt.
The petitioner proved that the respondent had sufficient means to pay the decree debt but willfully neglected to do so. The respondent's arguments were not supported by evidence, and it was established that the respondent had income sources to pay the debt.
Judgment Evidence:
In the result, the petition is allowed. Detain the respondent in civil prison for a period of two months in execution of the decree. The petitioner shall deposit necessary batta.
Parties Involved
Plaintiffs
Secretary, Perumanna Klari Service Co-Operative Bank (Age not specified years)
Kuttippala Post
Defendants
Krishnan Moothatt (Age not specified years)
Perumanna, Klari, Post. Klari
Reliefs
Relief Type:
Detention in Civil Prison
Outcome:
Granted
Description:
Detain the respondent in civil prison for two months in execution of the decree for payment of money.
Evidence:
In the result, the petition is allowed. Detain the respondent in civil prison for a period of two months in execution of the decree. The petitioner shall deposit necessary batta.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence by the petitioner.
Reference:
A1
Document Type:
Surety
Submitted By:
Plaintiff
Relevance:
Submitted as evidence by the petitioner.
Reference:
A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Submitted as evidence by the petitioner.
Reference:
A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Submitted as evidence by the petitioner.
Reference:
A4