THE HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No. 1112 of 2025

ORDER:

Heard Ms. A. Rupa Devi, learned counsel appearing for petitioner and Sri G. Vasantha Rayudu, learned counsel appearing for 1^st respondent, Chit Fund Company.

2. This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging salary attachment order dated 17.02.2025 passed by the learned Principal Junior Civil Judge, Godavarikhani, in E.P.No.241 of 2024 in ARB No.859 of 2018.

3. Perusal of record would reveal that on the application filed by respondent No.1 vide ARB No.859 of 2018, the Chit Arbitrator/Deputy Registrar of Chits at Karimnagar, had passed an award dated 01.06.2023 directing the petitioner herein and respondent Nos.3 to 6 to pay an amount of Rs.2,45,220/- along with interest @ 18% per annum, on the principal amount of Rs.1,74,000/-, from the date of filing of dispute i.e., 29.12.2018 till the date of realization. They shall also pay Rs.5,570/- towards costs of the arbitration proceedings.

4. Pursuant to the said award, respondent No.1 had filed an Execution Petition vide E.P.No.241 of 2024 in ARB No.859 of 2018 against the petitioner and respondent Nos.3 to 6 for recovery of Rs.4,13,894/- from them. Vide the aforesaid order, the learned Principal Junior Civil Judge at Godavarikhani, directed the Disbursing Officer of the petitioner to withhold a sum of Rs.2,06,947/- from the monthly salary of the petitioner, who is Judgment Debtor No.3 in the said E.P. Respondent No.3 is the chit subscriber, while the petitioner herein and respondent Nos.4 to 6 are the guarantors of respondent No.3 in respect of the subject chit.

5. It is contended by learned counsel for the petitioner that the Executing Court did not order for proportionate deduction among the judgment debtors. Before passing the order, the Executing Court neither issued notice nor afforded an opportunity of hearing to the petitioner.

6. It is relevant to extract Order XXI Rules 11(2), 48 and

48A of CPC hereunder:

“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