The entitlement to attach the salary of the judgment debtor for recovery extends beyond 24 months with a 12-month cooling period.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the Order dated 26.10.2021 made in E.P.No.197 of 2020 in O.S.No.58 of 2013 on the file of the Sub-Court, Neyveli and prayed to set aside the same.)

1. This Civil Revision Petition has been preferred challenging the order of the learned Sub-Judge, Neyveli, dated 26.10.2021 made in E.P.No.197 of 2020 in O.S.No.58 of 2013.

2. The revision petitioner is the judgment debtor in the decree passed in O.S.No.58 of 2013. The respondent/decree holder has filed the execution petition for executing the decree and in which an order to recover the decree amount from the salary of the judgement debtor for 24 months has been passed. Aggrieved over that the judgment debtor has preferred this revision.

3. The learned counsel for the petitioner submitted that the respondent/decree holder has filed the 1st execution petition in E.P.No.54 of 2015 and in which a part of the decree amount was recovered by attaching the salary of the petitioner for 24 months; after a gap of 12 months, the 2nd execution petition is filed for recovering the balance decree amount; as per Section 60 of C.P.C., salary deductions for recovery of the decree amount can be done only for a maximum period of 24 months and thereafter 12 months cooling period; since the earlier execution petition filed in E.P.No.54 of 2015 was closed, the decree holder cannot attach the salary again in the second E. P.197/2020, despite the same is filed after 12 months.

4. The learned counsel for the petitioner attracted the attention of this Court to the second proviso to Section 60 C.P.C., which reads as follows:

Second proviso to sec.60 C.P.C

''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. The counsel for the petitioner claimed that as per the above proviso no further recovery can be made from the salary of the petitioner beyond 24 months. It is agreeable that at one stretch the salary of the judgment debtor can not be attached for more than 24 months. If whole of the decree amount could be recovered within 24 months, no doubt the salary of the decree holder can be exempted from the attachment.

6. In this case, the decree amount could not be realized within the first 24 months from the date of attachment. Since the recovery is for one and the same decree, after giving the cooling period of 12 months another Execution Petition was filed.

7. It is held in the judgment of this Court in the case of The Federal Bank Limited, Royapettah Vs. Sundari Bhaskaran reported in (2007 (1) MLJ 431) that when the recovery is for two different decrees, the cooling period of 12 months need not be given. That would only imply that if the execution is for one and same decree alone, the cooling period of 12 months should be given. That means, if the decree amount is not realized with 24 months the decree holder has to wait for 12 months to attach the salary of the judgment debtor once again for recovering the balance.

8. In fact, the learned Executing Judge has also cited the above decision in support of his findings. For better clarity the relevant portion of the judgment is extracted as below:

The Federal Bank Limited, Royapettah Vs. Sundari Bhaskaran

2007 (1) MLJ 431)

“7. Attachment of salary could only be for a period of 24 months. Where the salary of the Judgment Debtor having been in continuous attachment under a decree for 24 months, the salary is exempted from attachment for a further period of 12 months “only where such attachment ha