G . Anjaneyulu v. M/S Shriram Chitsprivate Limited And 4 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.2 9 2 4 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioner/ judgment debtor No.3, challenging the order, dated 13.11.2019, passed in E.P.No.42 of 2018, by the I Senior Civil Judge, City Civil Court, Hyderabad, whereby, on a petition filed by the 1st respondent/ decree holder under Order XXI Rule 48 of CPC for attachment of salaries of judgment debtor Nos.2, 3 & 5 for realisation of the decreetal amount of Rs.5,82,259/ -, the Court below ordered attachment of salary of the revision petitioner/ judgment debtor No.3 and judgment debtor No.2.

2 .

Heard the learned counsel for the revision petitioner/ judgment debtor No.3 and perused the record. 3 .

It has been contended on behalf of the revision petitioner/ judgment debtor No.3 that the principal judgment debtor is regularly paying the decreetal amount. In the event of failure on the part of the principal judgment debtor in paying the decreetal amount only, the liability of the guarantors would come into operation. The revision petitioner/ judgment debtor No.3 is only a guarantor. The Court below ought not have attached his salary for realisation of the decreetal amount and ultimately prayed to

set aside the order under challenge and allow the Civil Revision Petition as prayed for.

4 .

A perusal of the Award, dated 11.09.2015, passed in A.B.R./ C.F.No.291 of 2014, by the Deputy Registrar of Chits/ Arbitrator, Hyderabad, makes it clear that the revision petitioner/ judgment debtor No.3, along with the other judgment debtors, was jointly and severally directed to pay the decreetal amount. Since the liability of the revision petitioner/ judgment debtor No.3 to pay the decreetal amount is joint and several, the Court below rightly passed the impugned order attaching the salary of the revision petitioner/ judgment debtor No.3 to satisfy the decreetal amount. No perversity is found in the impugned order. The Civil Revision Petition is devoid of merit and is liable to be dismissed.

5 .

In the result, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 10th December, 2019 Bvv