HON’BLE SRI JUSTICE K. LAKSHMAN

CIVIL REVISION PETITION No.1404 of 2025

ORDER

Heard learned counsel for the petitioner. Perused

the record.

2. This Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the attachment order, dated 21.03.2024 in E.P.No.56 of 2024 in ARB.No.1023 of 2021 passed by the leaned III Additional

Junior Civil Judge at Karimnagar.

3. Respondent No.2 is the subscriber of respondent No.1 Chit Fund Company. Petitioner and Respondent Nos.3 to 5 are the guarantors to the said Chit. Respondent No.1 has filed an application under Section 64 of the Chit Funds Act, 1982 (for short ‘the Act, 1982’) vide ARB.No.837 of 2020 before the Chit Arbitrator/ Deputy Registrar of Chits, Karimnagar, claiming an amount of Rs.4,37,191/- along with interest. Learned Chit Arbitrator has passed an award, dated 24.03.2023

holding that the petitioner and respondent Nos.3 to 5 are jointly and severally liable to pay the said amount i.e., Rs.4,37,191/- with interest @ 18% p.a. on the principal amount of Rs.3,84,750/- from the date of filing of the dispute till the date of realization of the said amount.

4. Thereafter, respondent No.1 has filed an execution petition vide E.P.No.56 of 2024 in ARB No.837 of 2020 under Order XXI Rule 48 of C.P.C for execution of the said award. Vide impugned salary attachment order, dated 21.03.2024, the Executing Court directed the Disbursement Officer of the petitioner/J.Dr.No.3 to withhold an amount of Rs.6,09,351/- from the salary of the petitioner and remit to the account of the aforesaid Execution Petition. Challenging the said attachment order, the petitioner filed the present Civil Revision Petition.

5. It is relevant to extract Order - XXI, Rules - 11 (2) and

48 of the CPC and the same is as under:

“XXI Rule 11 (2) of CPC-Written application- Save as otherwise provided by sub-rule(1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely-

(a) the number of the suit;

(b) the names of the parties;

(c) the date of the decree;

(d) whether any appeal has been preferred from the decree;

(e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree;

(f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results;

(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed;

(h) the amount of the costs (if any) awarded;

(i) the name of the person against whom execution of the decree is sought; and (j) the mode in which the assistance of the Court is required whether-

(i) by the delivery of any property specifically decreed;

(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;

(iii)by the arrest and detention in prison of any person;

(iv) by the appointment of a receiver;

(v) otherwise, as the nature of the relief granted may require.”

“Order XXI Rule 48 of CPC-Attachment of salary or allowances of servant of the Government or railway company or local authority.- (1) Where the property to be attached is the salary or allowances of a servant of the Government or of a servant of a railway company or local authority or of a servant of a corporation engaged in any trade or industry which is established by a Central, Provincial or State Act, or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)] the Court, whether the judgment-debtor or the disbursing officer is or is not within the local limits of the Court's jurisdiction, may order that the amount sha