A petitioner must exhaust remedies before the execution Court regarding salary attachment issues before seeking revision under Section 115 of the Civil Procedure Code.

ORDER:

This civil revision petition is filed under section 115 of Civil Procedure Code against the salary attachment order dated 08.08.2024 passed in E.P.No.124 of 2024 in Dis.No.211 of 2019 on the file of the Court of III-

Additional Junior Civil Judge, at Nellore.

2. The main grievance of the petitioner is that the warrant to the garnishee of the petitioner to deduct and deposit the amount from the salary of the petitioner/judgment debtor No.5 issued on 06.08.2024 by the execution Court is illegal since there is already an order of attachment against the salary of the petitioner and thereby further deduction of the amount from the salary of judgment debtor No.5 is beyond what is permitted under Section 60 of CPC and that the amount is being deducted from the salary of the petitioner/judgment debtor No.5 inspite of a letter addressed by the garnishee to the concerned Court on 02.09.2024 and thus there is hardship to the petitioner.

3. This Court called for the remarks from the execution Court as to what is the reply to the garnishee on the letter dated 02.09.2024 informing the Court that there exists already another order of attachment. Then, the execution Court sent a report dated 07.11.2024 stating that the letter of the garnishee dated 02.09.2024 was received by the Court, but as the case was posted to 22.11.2024, the letter was clubbed with the bundle and the order would be passed on the next date of adjournment ie., on 22.11.2024, but meanwhile the garnishee had sent two demand drafts for Rs.22,500/- and Rs.29,500/- on 08.10.2024 and 10.10.2024 respectively by making deductions from the salary of judgment debtor No.5.

4. As can be understood from the proceedings, the revision petitioner/judgment debtor No.5 has not taken any steps to get the matter advanced and heard on his objection but rushed to this Court by filing the revision petition. Since the execution Court has directed the garnishee to attach and deduct the amount from the salary of judgment debtor No.5 for realization of the decretal debt in E.P.No.124 of 2024 subject to section 60 of CPC, there is apparently no error or illegality in the warrant issued to the garnishee, but due to subsistence of another warrant for realization of decretal amount in another execution petition, it is coming in the way of deduction of the amount towards satisfaction of decretal amount in the present execution petition as it is exceeding the limit prescribed under Section 60 of CPC. The petitioner ought to have immediately taken steps for hearing on the same by the execution Court, if necessary, by advancing the matter from 22.11.2024 to an early date. Therefore, the petitioner has to first approach the execution Court. If the action of the execution Court is not in accordance with law, the petitioner can challenge before this Court and not prior thereto.

5. As such, the civil revision petition is disposed of giving liberty to the petitioner to approach the execution Court as aforesaid. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this civil revision petition shall stand closed.