THOMAS Vs. VENUGOPAL CHITTIES AND FINANCES

JUDGEMENT

(1.) The question involved in this revision is as to whether the remuneration received by the revision petitioners will come under the exemption from attachment mentioned in S.60(1)(h) of the Code of Civil Procedure.

(2.) The decree is for money and the decree holder filed an execution petition and applied for attachment of the salary of judgment debtors 2 to 4 who are the revision petitioners. The judgment debtors objected stating that they are labourers coming within the ambit of S.60(1)(h) of the Code of Civil Procedure and therefore their salary is not attachable.

(3.) In support of the rival contentions, the decree holder filed Exts. A1 to A4 and the judgment debtors filed Exts.B1 to B5, in order to decide the question mentioned above. On an analysis of the entire evidence, the execution court came to the conclusion that judgment debtors 2 to 4 are not labourers coming within S.60(1)(h) and accordingly held that certain portions of the amount of salary received by them are liable to be attached. Judgment debtors 2 to 4 have come up in revision.