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1982 Supreme(Cal) 330

S.N.SANYAL, A.K.SEN
BIMAN KUMAR BISWAS – Appellant
Versus
COMMERCIAL ENGINEERING CORPORATION PVT. LTD. – Respondent


Advocates Appeared:
ASISH CHANDRA BAKSHI, ROBIN MITRA, SARDAR AMJAD ALI

ANIL K. SEN, J.

( 1 ) THIS revisional application raises a short point with regard to the proviso to Clause (i) in the first proviso to Sub-section (1) of Section 60 of the Civil P. C

( 2 ) THE opposite party No. 1 obtained a money decree against a partnership firm opposite party No, 2, and its partners including the present petitioner. That decree was put into execution in Money Execution Case No. 4/78. By an order dated November 23, 1978, the executing Court attached a sum of Rs. 100/- from the salary of the judgment debtor petitioner with effect from December 1978. On January 3, 1979, the decree holder opposite party No. 1 made a further application before the executing Court to the effect that a sum of Rs. 300/- should be attached out of the petitioner's salary since under Clause (i) of the proviso to Sub-section (1) of Section 60 of the Code such- portion of his salary could lawfully be attached. That ap-plication of the decree holder was allowed on September 13, 1980, when the executing Court directed that a sum of Rs. 300/- may be attached out of the salary of the judgment debtor petitioner. On December 5, 1980, the present judgment debtor petitioner filed two applications





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