GEORGE Vs. KURISUMMOOTTIL ST GEORGE CHITTY FUND

JUDGEMENT

(1.) The decree holder sought execution of the money decree in his favour by attachment of the judgment debtor's salary to the extent of Rs. 50/-. The same was allowed by the lower court and the judgment debtor has come up in revision.

(2.) As per E. A. No 1048 of 1977 the decree holder stated that the salary of the judgment debtor is Rs. 552/-. It is not contended before me that the same is in any way incorrect. In fact, the judgment debtor has along with this revision petition produced a certificate issued by the Electrical Section, Mannar and signed by the Assistant Engineer of that Section showing that his total salary is Rs. 555.96. The said certificate also shows that a deduction of Rs. 59/- is made as remittance to the General Provident Fund and a sum of Re. 1/- is paid to the Kerala State Electricity Board Employees' Welfare Fund. On that basis it is contended that the net total that the petitioner receives as salary is Rs. 495.96 The further submission is that of this the first Rs 400/- cannot be attached and of the remaining Rs. 95.96, 2/3 thereof cannot be attached. The argument as aforesaid proceeds on the basis of S.60(1)(i) of the Code of Civil Procedure, 1908. The order for attachment at the rate of Rs. 50/- from the petitioner's salary is therefore impugned.

(3.) The question that arises for consideration is as to whether the petitioner is entitled to have the sum of Rs. 60/- remitted to his General Provident Fund and the Employees' Welfare Fund excluded in reckoning his "salary" under S.60(1)(i) of the Code, as contended for by his learned counsel.