CHACKO OOMMEN Vs. PADMAVATHI AMMA

JUDGEMENT

(1.) The matter arises in execution and the revision is by the decree holder. The judgment debtor in the case is employed as a teacher under the Government. A portion of the salary due to the judgment debtor fell into arrears and in execution of the decree, the decree holder attached such arrears. In pursuance of the attachment levied by court an amount of Rs. 637.25 was produced before the court. Then, the judgment debtor contended that the amount being salary payable, is not liable to be attached to the extent provided for in S.60(i) of the Code of Civil Procedure. That contention prevailed with the executing court with the result that barring an amount of Rs. 220/- the balance of the amount in deposit in court was directed to be paid back to the judgment debtor. It is the correctness of that order that is challenged before me.

(2.) Excluding the proviso, S.60(i) of the Code of Civil Procedure reads thus:

(3.) In the result, the order passed by the court below is hereby set aside. The court below will, therefore, disburse the amount in deposit according to law. The revision is allowed as shown above. No costs.