S.Jawahar v. M.Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(N.P.D.) No.3822 of 2012 S.Jawahar ... Petitioner/Plaintiff Vs M.Babu

...Respondent/Defendant

Prayer:- Civil Revision Petition filed Under Section 115 of the Civil Procedure Code against the order passed in E.P.No.39 of 2011 in O.S.No.35 of 2011 dated 24.07.2012 on the file of the Subordinate Judge of the Nilgiris at Uthagamandalam. For Petitioner : Mr. M.L.Ramesh For Respondent : Mr. J.Harikrishna

O R D E R

The petitioner filed Execution Petition against the respondent before the Subordinate Court, Uthagamandalam, for attachment of salary at the rate of Rs.8,000/- per month. The learned Subordinate Judge passed an order of attachment, where by and where under, a sum of Rs.3,000/- was directed to be attached for a period of 24 months out of the salary of the respondent. The said order is under challenge in this Civil Revision Petition.

2. I have heard the learned counsel for the petitioner. I have also heard the learned amicus curiae on behalf of the respondent.

3. The petitioner filed an Execution Petition against the respondent with a contention that he is earning a sum of Rs.20,000/- per month. The petitioner wanted attachment of the salary at the rate of Rs.8,000/- per month. The learned Subordinate Judge, without any rhyme or reason reduced the amount to Rs.3,000/-.

4. Section 60(1)(i) of the Code of Civil Procedure indicates the manner in which attachment of salary should be made. The order passed by the learned Executing Judge does not contain any https://hcservices.ecourts.gov.in/hcservices/

indication that the above referred provision was considered by him, while reducing the amount from Rs.8,000/- to 3,000/-. Since effort was not taken to direct attachment of the salary in accordance with the provisions of the Code of Civil Procedure, the impugned order is liable to be set aside.

5. In the result, the order dated 24 July, 2012 is set aside. The learned Executing Judge is directed to consider the matter afresh in the light of Section 60(1)(i) of the Code of Civil Procedure.

6. The Civil Revision Petition is allowed as indicated above. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar svki/msvm To The Subordinate Judge of the Nilgiris, Uthagamandalam.

+1cc to Mr.G.Kumud Jhabakh, Advocate Sr. 41673 C.R.P.(N.P.D.) No. 3822 of 2012 MG(CO) VR(28/06/2017)5 https://hcservices.ecourts.gov.in/hcservices/