SHRIRAM CHITS BANGALORE LTD Vs. PANCHAKSHARI

JUDGEMENT

(1.) THIS is the decree holder's revision being aggrieved of the order passed in Ex. Case No. 130/2000 on the file of the II Addl. Civil Judge (Sr. Dn), Mangalore, dated 2-2-2001 dismissing the Execution Petition as not maintainable.

(2.) THE brief facts of the case are as follows: the petitioner M/s Shriram Chits (Bangalore) Ltd. , Hampankatta Branch, Mangalore is a Chit company registered under the Chit Funds Act, 1982. The subscriber viz. , the principal debtor Sri shyam Bhandary of Uppinangady was a member of the Chit Fund and drawn the chit amount on the co-obligation of respondents Sri Panchakshari and Sri M. P. Balakrishna Bhandary. The subscriber defaulted in payment of the subscription due in accordance with the terms of the chit agreement. In respect of the recovery of the dues, the petitioner initiated proceedings as provided under Chapter XII of the Chit Funds Act, 1982, before the Development Officer, Bantwal, who is the nominee for adjudication of the disputes and an award came to be passed against the principal debtor and the sureties. The award appears to have been submitted to the Joint registrar of Chits, Mysore Division, Mysore for certification as required under Section 71 (a) of the Chit Funds Act, 1982. Acertificate dated 10. 1. 2000 was issued by the Joint Registrar of chits, Mysore Division, Mysore. The decree holder presented an execution petition before the II additional Civil Judge (Sr. Dn), Mangalore, for recovery of an amount of Rs. 52,016/- from the judgment debtors and sought for attachment of salary of respondents 1 and 2. The learned Civil judge issued warrant for attachment of salary of Rs. 1,500/- p. m. out of the salaries of the respondents.

(3.) THE respondent having entered appearance filed I. A. No. 2 under Section 151 CPC to recall the order of salary attachment and also notice to garnishee to remit the salary. The Learned Civil judge after hearing both side Counsels rejected I. A. No. 2. It is thereafter the respondents filed objections questioning the jurisdiction of the Executing Court. After hearing both side Counsels, the learned Civil Judge dismissed the execution petition as not maintainable. It is this order which is questioned in the present revision.