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2006 Supreme(P&H) 1934

PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
Satvir Singh
Versus
Delhi Financial Corporation
Civil Revision No. 1560 of 2002,
Decided On : MAY 4, 2006

Provisions of 60 of CPC are applicable, only in cases, where decree is passed by the Civil Court and not otherwise.

Headnote:Civil Procedure Code, 1908 - Section 60 - Attachment of salary under a special statute - Attachment of salary beyond a period of 24 months - Provisions of 60 of CPC are applicable, only in cases, where decree is passed by the Civil Court and not otherwise. (Para 2)

       

Judgment

1. Salary of the petitioner was got attached by respondent No.1 under a special statute and not on the basis of decree passed by any court in a civil suit. Petitioner moved application with a prayer that in view of provisions of Sec.60 of CPC, attachment of his salary beyond a period of 24 months, be recalled. Application was dismissed. Hence, this revision petition.

2. The Court below, has dismissed the application by relying upon ratio of the HON BLE Supreme Court in AIR 1984 Supreme Court 352 state of Punjab and another V/s. Dina Nath, wherein it has been said that the provisions of Sec.60 of CPC are applicable, only in cases, where decree is passed by the civil Court and not otherwise. This Court feels that the order passed is perfectly justified and needs no interference. Dismissed.

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