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2009 Supreme(Ker) 389

P.R.RAMAN, P.BHAVADASAN
Sheeba C. Thomas – Appellant
Versus
Rosamma Thomas – Respondent


Advocates Appeared:For the Petitioners:M.P. Madhavankutty, Advocate. For the Respondents:M. Narendra Kumar, Advocate.

Judgment :

Raman, J.

This is an appeal against an order allowing the petition for attachment before judgment. The operative portion of the order reads thus:

"In the result the petition is allowed and the first respondent is directed to furnish security to the tune of Rs.2,44,800/- (Rupees Two lakhs forty four thousand and eight hundred only) (plaint amount) on or before 4.10.2005 and the meanwhile conditional attachment of the arrears of salary is granted prohibiting the second respondent disbursing officer from disbursing the arrears of salary of the first respondent/defendant."

2. The appellant is the defendant in the suit. The suit is one for money alleging that the appellant has no other valuable asset or property other than the salary arrears proposed to be released in favour of him by the second respondent. The appellant filed counter affidavit contending that the petition itself is not maintainable and also denied the execution of the promissory note. At the time of argument however, has taken up a ground that the subject matter of the property is exempted as per Section 60(1)(i) of the Code of Civil Procedure and hence the petition be dismissed. After referring to the conten






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