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2017 Supreme(Mad) 1365

J.NISHA BANU
R. Kannan – Appellant
Versus
M. Anbazhagan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S. Subbiah, Advocate.

ORDER :

J. Nisha Banu, J.

This Civil Revision Petition has been filed against the order dated 11.12.2006 passed in E.P.No. 577 of 2005 in O.S. No. 1299 of 1994 on the file of the Additional District Munsif of Madurai Town.

2. The case of the petitioner is that an execution petition was filed against the garnishee for payment of money due by the judgment debtor, namely, the first respondent herein and the execution Court has dismissed the same. Aggrieved over the same, the petitioner is before this Court.

3. The first respondent/judgment debtor was the employee of the official respondents 2 and 3 herein. The petitioner contends that the executing Court has failed to see that the second respondent was the disbursing authorities within the meaning of Clauses (a) and (b) of Sub Rule 1 of Rule 48 Order 21 of Code of Civil Procedure and the second respondent ought to have withheld the portion of the salary as provided under Section 60 of Code of Civil Procedure and on his failure to remit the amount, the second respondent is bound and liable to pay the decree amount to the petitioner. The petitioner further contends that when prohibitory order under Section 46 of Civil Procedure Code was ser














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