FLORENCE MABEL R J Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a U.P. School Assistant. He was the guarantor for a loan availed by the 5th respondent from the 4th respondent Cooperative Society. Under the particular scheme, the society advanced a loan of Rs. 30,000/- to the 5th respondent (for the purpose of bee keeping) and as there was default, the salary of the petitioner was attached at the rate of Rs. 1000/- per mensem.

(2.) The contentions of the petitioner are threefold. Firstly, it is argued that there was frustration of contract in so far as the bees maintained by the 5th respondent died in consequence of viral infection and there was hence total failure of the business of the 5th respondent which disabled him from repaying the loan. Secondly, he argued that in the absence of an award obtained under S.69 of the Cooperative Societies Act, the question of attachment does not arise. Thirdly, it is contended that in any event the salary drawn by the petitioner does not enable attachment at the rate of Rs. 1000/- per month in view of the provisions under S.60 of the CPC read with R.77 of the Kerala Cooperative Societies Rules.

(3.) The contention regarding frustration and the like cannot be raised in a proceeding of this nature. Such a contention is beyond the scope of an application for attachment from the salary where the guarantor has specifically agreed that in case of failure on the part of the principal debtor to pay off the instalments, he would be liable jointly and severally.