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1987 Supreme(Ker) 267

PADMANABHAN
NALLUSWAMY – Appellant
Versus
VEEMBAN – Respondent


Judgment :-

1. Judgment-debtor is the revision petitioner. In execution of the decree the attachable portion of his salary was under attachment for a continuous period of 24 months. Thereafter the decree holder initiated garnishee proceedings by attachment of the arrears of salary and bonus due from the employer to the judgment-debtor and the garnishee deposited Rs. 1,552/-. Overruling the objection of the judgment-debtor the amount was ordered to be attached. Revision is against that order.

2. The first contention was under the proviso to S.60(1)(i) of the CPC. It was argued that since the attachment in execution of the same decree continued for a total period of 24 months it has the effect of discharge or satisfaction of the decree and no further steps in execution could be had. I do not think that the proviso has such an effect. That proviso merely inhibits the oppressive and tormenting process of subjecting the same judgment-debtor to the process of the law at the instance of identical decree holders without a respite if the attachment of salary continued for a period of 24 months whether continuously or intermittently. If the attachment of salary for a total period of 24 months





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