ORDER : -The applicant is a decree-holder and he obtained the decree on 20-1-1941, for Rs.1,600. The judgment-debtor is an employee in the Banna Shell Company and is drawing a salary between Rs.400 and Rs.500, and the judgment-debtor applied for the appointment of a Receiver of the salary of the debtor to the extent that it is permissible under S.60 of Civil P.C. This notice was discharged by the Small Causes Court Judge, and the decree-holder has come in revision.

2. Now, under S.60 the salary to the extent of the first hundred rupees and one half of the remainder is not subject to attachment and even with regard to the salary of an employee who is not a Government servant or a servant of a railway company it is exempt from attachment until it is actually paid. Now, in effect, what the decree-holder wanted was to attach the salary as and when it became due and payable. Therefore by means of this equitable mode of execution the decree-holder wanted to deprive the judgment-debtor at the protection granted to him under S.60.

Mr. Datar says that although it may not be open to him to attach the salary, there is no reason why this equitable relief which is not attachment should n