This Civil Revision Petition is filed against the order passed in EP.No.43/2006 in OS.No.108/2002 dated 15.11.2006 by the learned Principal Sub Judge, Kumbakonam, directing the petitioner/ judgement debtor to pay a substantial amount of Rs.25000/- in execution of a decree for a sum of Rs.1,77,633.15/-.
2. The only contention raised by the petitioner is that when the petitioner was regularly paying Rs.5000/- p.m. without considering the hardship caused to the petitioner in paying a substantial amount the order of the executing court directing the petitioner/judgement debtor to pay a sum of Rs.25000/- is illegal.
3. There is a decree against the judgement debtor for a sum of Rs.1,77,633.15/- and pursuant to the said decree, the execution petition has been filed by the decree holder. On receiving the notice, the judgement debtor has appeared and filed a counter raising only objection that she has no source to pay the entire amount and requested the court to pay the same on installment basis. The objection that she is a woman with no source of income and therefore, the decree was not legally executable against her is a meaningless objection, because the status of the judgement debtor has nothing to do with the executability of the decree against her.
4. There is no other objection raised by the judgement debtor as to why the decree should not be executed against her. The offer made by the judgement debtor to pay the decretal amount in installments and whether she has means to pay the decretal amount are to be determined by the trial court.
5. I am unable to find any illegality or infirmity in the impugned order passed by the court below and it does not warrant interference by this court. Hence, this Civil Revision Petition is dismissed. No costs. Consequently, the connected MP is closed.
Srcm To:
The Principal Sub Judge, Kumbakonam.