ANTONY K G Vs. LITTLE FLOWER KURIES

JUDGEMENT

(1.) THE petitioner is an Engine Fitter in Naval Ship Repair Yard, Kochi. He is the judgment debtor in E.P.No.10 of 2003 in O.S.No.168 of 2000, on the file of the court of the Principal Sub Judge, Kochi, the decree being one for money. In execution of the decree, the salary of the judgment debtor was attached to the extent of Rs.2,766.00 per month from September, 2003 onwards. The order was forwarded to the disbursing officer, who has to disburse the salary to the judgment debtor. The disbursing officer recovered only a sum of Rs.1,340.00 per month from September, 2003 onwards. The disbursing officer issued a letter dated 29.9.2003 to the Court, which reads as follows:

(2.) THE judgment debtor filed E.A.No. 129 of 2005 under Section 60(1)(i) and Section 151 of the Code of Civil Procedure to finally exempt salary of the petitioner from attachment and to issue an order lifting the attachment of salary. In the application, it was stated that the salary of the judgment debtor was under attachment for a continuous period of 23 months from September, 2003 onwards. By attaching salary for one more month, attachment of salary for a period of 24 months would be over.

(3.) THE court below held that the disbursing officer was not justified in reducing the amount of attachment as ordered by the Court and, therefore, dismissed the Execution Application.