The main legal point established is the requirement for strict adherence to the proviso of Section 60 of CPC regarding attachment of salary in execution of a decree.

1. Animadverting upon the order dated 02.11.2011 passed in E.P.No.39 of 2010 in O.S.No.654 of 2004 by the learned Additional District Munsif, Vellore, this civil revision petition is focussed.

2. Heard the learned counsel for the petitioner. Despite printing the name of the respondent, no one appeared.

3. The learned counsel for the petitioner would echo the cri de coeur and the hot burns of his client to the effect that the money decree was passed on 04.10.2004 directing the revision petitioner/judgment debtor to pay a sum of Rs.53,320/- (Rupees fifty three thousand three hundred and twenty only) to the respondent together with 24% interest per annum for the principal amount of Rs.31,000/- from the date of filing of the plaint till the date of decree and thereafter, 6% per annum till the date of realisation. Thereafter, E.P.No.7 of 2005 was filed and in that attachment of salary was ordered on 11.12.2006 and attachment was effected from the salary of the petitioner, ever since that time. Thereafter one other E.P.No.39 of 2010 was filed and in that also attachment of salary was ordered and attachment is being effected, as per the learned counsel for the petitioner, at the rate of Rs.3,383/- per month. He would submit that the petitioner is only a poor railway servant at the lower echelon and the recoveries are being effected from her salary for a pretty long time in an unjustifiable manner.

4. From the records what I could understand is that for a pretty long time attachment from the salary of the revision petitioner is being effected. It is not known as to whether the Executing Court adhered to the proviso to clause (i) of Section 60 of CPC, which is extracted hereunder for ready reference:

"60. Property liable to attachment and sale in execution of decree

(1) .........

Provided that the following particulars shall not be liable to such attachment or sale, namely:

(a) .......

(b)........

(c) ........

(d) .....

(e)....

(f).....

(g) stipends and gratuities allowed to pensioners of the government (or of a local authority or of any other employer) or payable out of any service pension fund notified in the Official Gazette by the Central Government or the State government in this behalf, and political pension;

(h) the wages of labourers and domestic servants, whether payable in money or in kind;

(i) salary to the extent of the first (one thousand rupees) and two third of the remainder) in execution of any decree other than a decree for maintenance.

[Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty-four months, be finally exempt from attachment in execution of that decree.]"

5. Hence I am of the considered view that the following direction could be issued:

The Executing Court shall immediately on receipt of the order shall verify as to whether the proviso referred to supra is being adhered to strictly and if there is any violation of it, the lower Court shall take remedial steps immediately.

Accordingly this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.