R BALAKRISHNAN Vs. K BABU

JUDGEMENT

(1.) THE revision petitioner/respondent/defendant has projected this civil revision petition as against the order dated 29. 04. 2009 in E. P. No. 107 of 2008 in o. S. No. 113 of 2008 passed by the learned District Munsif, Sholingur.

(2.) THE Executing Court, while passing orders in E. P. No. 107 of 2008 on 29. 04. 2009, has, inter alia, opined that the respondent/judgment debtor has not produced the salary slip notwithstanding the fact that he has stated in his counter that he is in receipt of a salary of Rs. 4,000/- and further that he has not made any endeavour to deposit the decree amount into Court and resultantly, directed the pay Disbursing Officer/garnishee of the respondent to deduct a sum of Rs. 3,500/-per month till the loan is wiped out and to send the same to the Court.

(3.) THE learned counsel for the revision petitioner/ defendant urges before this Court that the impugned order of the Executing Court in E. P. No. 107 of 2008 dated 29. 4. 2009 by ordering an attachment of a sum of Rs. 3,500/- per month from the salary of the revision petitioner/judgment Debtor as prayed for by the respondent/decree holder is an illegal one inasmuch as the revision petitioner/judgment Debtor is receiving a salary of Rs. 4,000/- from the second respondent and when the salary itself is just Rs. 4,000/-, attaching the salary of the petitioner/judgment Debtor amounting to Rs. 3,500/- is not permissible in law and moreover, if a sum of Rs. 3,500/- is attached then the revision petitioner/ Judgment Debtor will certainly struggle for food and to fulfill the day to day necessities and attaching the salary of the revision petitioner at the rate of Rs. 3,500/- per month basing the calculation of the petitioner's salary as Rs. 12,000/- per month is an erroneous one and therefore, prays for allowing the civil revision petition in the interest of justice.