LITTLE FLOWER KURIES & ENTERPRISES LTD. Vs. SANDEEP

JUDGEMENT

(1.) These revision petitions were referred to be heard by a Larger Bench doubting the correctness of Sasi v. Bindu S.J. George (2015 (4) KLT SN 36 (C. No. 40) = 2015 (4) KHC 580).

(2.) In O.S. 23/2000, the Sub Court, Kochi passed a decree for realisation of Rs. 2,10,000/- with interest at 6% per annum. In E.P. 73/02 filed by the decree holder, Rs. 2,733/- was attached from the salary of the fourth judgment debtor. The attachment continued for 24 months. Subsequently, for realisation of the balance decree debt, E.P. 13/05 was filed and on 18.6.2008, that E.P was dismissed for default. Still later, E.P. 17/13 was filed for the same purpose wherein the fourth judgment debtor contended that his salary has already been attached for 24 months in the earlier E.P, and, therefore, is finally exempted from attachment in view of the provisions contained in section 60(1)(i) of C.P.C. That plea was rejected and the Execution Court ordered attachment of Rs. 7,000/-per month from salary. This order is challenged by the fourth judgment debtor in C.R.P. 721/14.

(3.) In the aforesaid E.P, the Execution Court attached Rs. 3,000/-per month from, the salary of the second judgment debtor. The decree holder is impugning that order in C.R.P. 60/15 contending that the amount attached from the salary of the judgment debtor is far below "such portion of the salary as is liable for attachment" under section 60(1)(i) of the C.P.C.