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2001 Supreme(Ker) 91

M.R.HARIHARAN NAIR
Muhammed – Appellant
Versus
Roniya Kuries and Money Lenders (P) Ltd. – Respondent


Judgment :-

M.R. Hariharan Nair, J.

The revision petitioner, 'who is the Judgment Debtor in O.S. No. 190/91 which is under execution in the Munsiff's Court, Irinjalakuda, is aggrieved that his application filed before the Court seeking to raise the attachment from his salary at the rate of Rs.330/- per mensem has been turned down by that court.

2. The contention of the petitioner, who is a postman, based on a salary certificate dated 24.7.99 produced along with C.M.P. No. 709/2000, is that for the purposes of S.60 of the Code of Civil Procedure his salary has to be taken as only Rs.3,720/- consisting of Rs. 3,575/- as basic pay, Rs. 70/- as personal pay and Rs. 75/- as travelling allowance. According to him, the other elements relating to Dearness Allowance-Rs.1,144/- and Rs.179/- House Rent Allowance are not part of the salary for the purpose of S.60 of the C.P.C. The other contention of the petitioner is that the total amount recovered from his salary towards various decrees and also towards revenue recovery for the amounts due to the K.S.F.E. is Rs. 4.045/- even excluding the attachment in the present case and this is beyond the attachable portion of his salary. The learned counse










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