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1947 Supreme(Bom) 1

RAJADHYAKSHA, JAHAGIRDAR
M. , S. M. Rly. – Appellant
Versus
Rupchand Jitaji – Respondent


Advocates:
G.N. Joshi and A.A. Adarkar - for Applicant. B. Moropanth and Homi Engineer - for Opposite Party Nos. 1 and 3.

Judgement

JAHAGIRDAR, J. :- The facts out of which this application arises are simple and undisputed.

2. Opponents Nos. 1-3 filed Suit No. 733 of 1944 in the Small Causes Court at Poona against opponent No. 4 who is an employee of the Madras and Southern Mahratta Railway on a monthly salary of Rs. 32 to recover a sum of money. In the said suit a decree by consent of parties was passed on 5th June 1944. The decree is in the following terms :

"The defendant should pay Rs. 90 and all costs of the suit to the plaintiff at Rs. 2 instalment per month. The plaintiff is at liberty to recover his amount from the salary of the defendant at Rs. 2 per month by an attachment to that effect."

Opponents 1-3 applied the execution of the said decree and prayed for an order directing the applicant, i.e., M. and S.M. Railway Company, to withhold Rs. 2 every mouth from the salary of opponent No. 4 until the decree was satisfied on the basis of the consent decree and to remit the same to the Court. The Court issued the order of attachment on 9th September 1944. The applicant thereupon filed Miscellaneous Application No. 136 of 1945 in the Small Causes Court at Poona praying for raising the said attachment





















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