S K SABAPATHY MUDALIAR Vs. DHANDAPANI

JUDGEMENT

(1.) THE petitioner is the decree-holder in O.S.No.316 of 1985, District Munsifs Court, Cuddalore. With a view realise the amounts due under the decree, the petitioner filed E.P.No.787 of 1986 in O.S.No.316 of 1985 under Order 21, R.48, C.P.C. praying for the attachment of a sum of Rs.265 from out of the monthly salary of Rs.1,200 of the first respondent herein, who is admittedly a Government servant. In his counter, the first respondent contended that after deductions, a sum of Rs.295 alone is received by him and as that amount would be insufficient even to maintain his family, a sum of Rs.50 from out of the salary may be attached. THE executing Court found that the first respondent received Rs.553 towards salary out of which two-thirds could be attached and a sum of Rs.50 alone could be attached by means of a pro-order. It is the correctness of this that is questioned by the decree-holder in this Civil Revision Petition.

(2.) FROM the pay certificate issued by the authorities of the school in which the first respondent is working, it is seen that his pay is Rs.805. Besides, the first respondent is also in receipt of Dearness Allowance of Rs.121, Additional Dearness Allowance of Rs.74 and House Rent Allowance of Rs.55. FROM out of the aforesaid amounts, recoveries amounting to Rs.502 under the heads Provident Fund, T.P.F. loan recovery, Festival Advance recovery, E.P.C. Provident Fund, Family Benefit Fund, Society loan recovery, Cycle loan recovery and State Bank recovery are also shown in the pay certificate, leaving a balance of Rs.553 only. The question is, how much from out of the salary of the first respondent, the petitioner can seek to attach by a pro-order. Under sub-S.(l) of S.60, C.P.C, the salary of a judgment-debtor can be attached subject, of course, to the other provisions in that regard. Clause(i) to the Proviso to sub-S.(l) of S.60, C.P.C. provides that salary to the extent of the first four hundred rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance shall not be liable for attachment of sale. Clause(l) to the Proviso to sub-S.(l) of S.60, C.P.C, exempts from attachment or sale any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may by notification in the official Gazette declare to be exempt from attachment. Explanation I to sub-S.(l) of S.60, C.P.C. declares that the moneys payable in relation to the matters mentioned in Cls.(i) and (1) referred to above are exempt from attachment or sale, whether before or after they are actually payable, and in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable. Explanation II sets out the meaning of the expression 'salary' occurring in Cl.(i) as the total monthly emoluments excluding any allowance declared exempt from attachment under the provisions of Cl.(l), derived by a person from his employment whether on duty or on leave. It is in the light of the aforesaid provisions that the attachable quantum of salary of the first respondent has to be determined.