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2001 Supreme(AP) 1331

L.NARASIMHA REDDY
K. S. R. Murthy – Appellant
Versus
S. R. Chit Funds Pvt. Ltd. – Respondent


L. NARASIMHA REDDY, J.

( 1 ) THE 1st respondent filed OS No. 178 of 1997 in the Court of the Principal Junior Civil Judge, West and North, RR District, against the petitioner (defendant No. 2 ). 2nd respondent (defendant No. 1) and two others, for recovery of a sum of Rs. 28,000/- with costs and interest.

( 2 ) THE 1st respondent is a Chit Fund Company and the 2nd respondent is a subscriber for a chit of Rs. 50,000/ -. The petitioner and two others are the guarantors. The 2nd respondent remained ex parte and the suit came to be decreed on 8-6-1999. The 1st respondent filed EP No. 247/99. The Executing Court passed an order dated 28-7-1999 ordering attachment of salaries of all the four defendants (petitioner, 2nd respondent and two others) each to an extent of Rs. 10,138/ -. It is this order that is challenged in this revision by the 2nd defendant in the suit.

( 3 ) HEARD the arguments of Sri V. Durga Nageswara Rao, Advocate, appearing for Sri S. Venkata Subba Rao. Learned Counsel for the petitioner.

( 4 ) IT is evident that the trial Court decreed the suit and the liability of the defendants was joint and several. When the liability of the defendants is joint and several, it does n


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