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2011 Supreme(Online)(KER) 24100

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
MARY JOLLY – Appellant
Versus
STATE BANK OF TRAVANCORE – Respondent


JUDGMENT

The third respondent being an unnecessary party in this original petition is deleted from the array of parties. Registry shall carry out deletion in the cause title.

2. This original petition is filed by the additional second defendant in O.S.No.65 of 2008 of the Court of learned Munsiff, Kolencherry. That is a suit filed by the first respondent against the deceased husband of petitioner and the second respondent for recovery of money. Pending suit, the husband of petitioner died and petitioner was impleaded as additional third defendant. The suit resulted in a judgment and decree dated 17.09.2009. Pursuant to the decree, first respondent filed E.P.No.7 of 2010 and proceeded personally against petitioner. Her salary was placed under attachment. At that stage, petitioner approached this Court requesting to quash Ext.P2, order of attachment.

3. Learned counsel for petitioner contends that since petitioner is only a legal heir of deceased first defendant who is said to have availed the loan, petitioner has no personal liability and hence salary of petitioner could not have been attached by Ext.P2, order.

4. Learned counsel for the first respondent submitted that as the decree st

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