RAJENDERAN Vs. RAMACHANDRAN

JUDGEMENT

(1.) This Civil Revision Petition has been preferred challenging the order of the learned Sub-Judge, Neyveli, dtd. 26/10/2021 made in E.P.No.197 of 2020 in O.S.No.58 of 2013.

(2.) The revision petitioner is the judgment debtor in the decree passed in O.S.No.58 of 2013. The respondent/decree holder has filed the execution petition for executing the decree and in which an order to recover the decree amount from the salary of the judgement debtor for 24 months has been passed. Aggrieved over that the judgment debtor has preferred this revision.

(3.) The learned counsel for the petitioner submitted that the respondent/decree holder has filed the 1st execution petition in E.P.No.54 of 2015 and in which a part of the decree amount was recovered by attaching the salary of the petitioner for 24 months; after a gap of 12 months, the 2nd execution petition is filed for recovering the balance decree amount; as per Sec. 60 of C.P.C., salary deductions for recovery of the decree amount can be done only for a maximum period of 24 months and thereafter 12 months cooling period; since the earlier execution petition filed in E.P.No.54 of 2015 was closed, the decree holder cannot attach the salary again in the second E. P.197/2020, despite the same is filed after 12 months.