SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Ker) 1379

IN THE HIGH COURT OF KERALA
B. Kemal Pasha, J.
Sasi - Appellant
Vs.
Bindu S.J. George - Respondent
O.P. (C) No. 1365 of 2013
Decided On : 20-05-2015

Advocates:
Advocate Appeared:
For the Appellant : L. Rajesh Narayan Iyer
For the Respondent: K. Kesavankutty

Headnote:

Code of Civil Procedure, 1908 - Section 60(1)(i) - Decree of Civil Court - Attachment of Salary - Word "Such portion - Meaning of - Held, court below has rightly declined to do so within the meaning of the proviso to Section 60 (i) of the Code of Civil Procedure, 1908. Even though the learned counsel for the petitioner has taken a stand that what is exempted from attachment through the said proviso is "such portion" of the salary that was attached, a reading of the provision clearly shows that the provision regarding "such portion" is meant only when the execution of another decree is sought for

JUDGMENT :

B. Kemal Pasha, J.

Initially there was an attachment of the salary of the judgment-debtor for a period of 24 months. When subsequently, further attachment was sought for from the salary, it seems that the Court below has rightly declined to do so within the meaning of the proviso to Section 60(i) of the Code of Civil Procedure, 1908. Even though the learned counsel for the petitioner has taken a stand that what is exempted from attachment through the said proviso is "such portion" of the salary that was attached, a reading of the provision clearly shows that the provision regarding "such portion" is meant only when the execution of another decree is sought for. If it is the very same decree, it is finally exempt from attachment.

Without prejudice to the right of the decree-holder to have recourse to the provisions under Order XXI Rule 37 CPC, this Original Petition (Civil) is dismissed.



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top