T. AMUDHA Vs. EAWARI

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and final order dated 27.02.2012 made in E.P.No.53 of 2008 in O.S.No.20 of 1998 on the file of the District Munsif Court, Tirupattur, Vellore District.

(2.) The petitioner is decree holder in O.S.No.20 of 1998 and petitioner in E.P.No.53 of 2008. The petitioner filed the said suit for recovery of money. The suit was decreed by the judgment and decree dated 30.07.1998. The petitioner filed E.P. No.53 of 2008 for arrest and detention of the 3rd respondent for deliberate disobedience of the order of the Court. According to the petitioner, garnishee order was issued to the 3rd respondent to deduct the salary of the 1st respondent and deposit to the credit of E.P.No.53 of 2008. Inspite of the receipt of notice, the 3rd respondent did not deduct the salary and committed contempt of Court and hence, sought for arrest of the 3rd respondent. The 3rd respondent filed counter affidavit and contended that the notice issued to the 3 rd respondent did not mention the amount to be deducted from the salary of the 1 st respondent and deposited to the credit of E.P. In view of the same, no amount was deducted from the salary of the 1st respondent and 3rd respondent has not disobeyed the order and has not committed contempt of Court.

(3.) Before the learned Judge, the petitioner was examined as P.W.1 and marked notice issued through her Advocate to the 3 rd respondent as Ex.P1 and acknowledgement Card as Ex.P2. The warrant of attachment was marked as Ex.C1.