S DURAIRAJ Vs. M RAJU

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the order and decretal order dated 23.09.2003 made in R.E.A.No.469 of 2002 in R.E.P.No.121 of 1998 in O.S.No.449 of 1997 on the file of the Additional District Munsif, Namakkal.

(2.) The decree holder is the revision petitioner in the above civil revision petition. This civil revision petition is directed against the order passed in R.E.A.No. 469 of 2002 in R.E.P.No.121 of 1998 on the file of the Additional District Munsif Court, Namakkal, dismissing the application filed by the civil revision petitioner under Order XXI Rule 46A of CPC to restrain the second respondent/garnishee to pay the decree amount in the place of the judgment debtor.

(3.) In the affidavit filed in support of this petition, the revision petitioner has contended that he had obtained a pro-order against the judgment debtor, in and by which the second respondent was directed to deduct a sum of Rs.1550/- p.m from the salary payable to the first respondent on 13.08.1999. Thereafter, despite forwarding the said order, the second respondent has not taken any steps to recover the amount from the salary of the first respondent.