1. 1. Thepetitioner, employed with a local authority, is a guarantor for a loan availed by the third respondent from the first respondent, a co-operative bank. He executed an agreement to which Section 37 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "KCS Act", applies. Thereby, the creditor may require the petitioners employer to deduct amounts due to it from the petitioners emoluments. In exercise of that covenant, supported by the law contained in Section 37 of the KCS Act, the first respondent creditor issued Ext.P1 to the petitioners employer, seeking deduction at the rate of Rs.2,000/-per month from the petitioners salary. This is under challenge.

2. 2. Thequestion whether there is any outer limit for the amounts that could be recovered by recourse to Section 37 of the KCS Act is well settled by the decision of this Court in Tvm. Co-op. A.& R.D.Bank Ltd. v. State of Kerala [2004 (2) KLJ 85].

3. 3. However, the learned counsel for the petitioner, very persuasively, argued that the aforesaid precedent was rendered without pithily considering the question as to whether Section 60 of the Code of Civil Procedure, 1908, hereinafter, the