← Library
Madras High CourtCRP/162/2019dismissed

Raja v. Anbarasu

2021-09-06Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(N.P.D) No. 162 of 2019 and C.M.P.No.1356 of 2019 Raja

...Petitioner

Vs.

Anbarasu

...Respondent

Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the order dated 20.12.2018, in E.P.No.365 of 2018 in O.S.No.64 of 2018 passed by the learned Subordinate Judge, Neyveli.

For Petitioner : Mr.P.Mani For Respondent : Mr.V.Rajesh Babu

ORDER

This Civil Revision Petition is filed challenging the order dated 20.12.2018, in E.P.No.365 of 2018 in O.S.No.64 of 2018 passed by the learned Subordinate Judge, Neyveli.

1/4

2. The O.S.No.64 of 2018 was filed by the respondent for recovery of money and that was decreed on 04.10.2018. Therefore, the E.P.No.365 of 2018 was filed for attaching the wage revision arrears of the respondent for realizing the amount. The learned Subordinate Judge ordered attachment of wage revision arrears in E.P.No.365 of 2018 in O.S.No.64 of 2018 on 20.12.2018.

3. Against the said order, this Civil Revision Petition is preferred and when the matter came up for hearing on 02.09.2021, this Court directed the learned counsel for the petitioner to appraise this court as to whether arrears of salary is exempted from attachment under Section 60 (i) & (1) of C.P.C. When the matter came up today (i.e) 06.09.2021, the learned counsel for the petitioner fairly conceded that the arrears of salary is not exempted. In view of the fact, that the arrears of salary is not exempted from attachment, this court finds no reason to interfere with the order dated 20.12.2018, in E.P.No.365 of 2018 in O.S.No.64 of 2018 passed by the learned Subordinate Judge, Neyveli and confirms the said order. 2/4

4. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. ep/Jer 06.09.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No To

1. The Subordinate Judge, Neyveli.

2. The Section Officer, VR Section, High Court of Madras.

3/4

G.CHANDRASEKHARAN.J, ep C.R.P.(N.P.D) No.162 of 2019 and C.M.P.No.1356 of 2019 06.09.2021 4/4