SHRIRAM CHITS PRIVATE LTD Vs. V GOVINDA SWAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 07.09.2010 in O.E.P.No.117 of 2010 in O.S.No.260 of 2005 on the file of the Additional Senior Civil Judge, Tirupati in dismissing the petition filed under Order XXI Rule 11(3) of Civil Procedure Code (for brevity "CPC") seeking attachment benefits.

(2.) THE decree-holder obtained a decree against the judgment debtors 1 to 4 for recovery of amount due under a chit transaction. THE suit was decreed on 03.01.2007. THEreafter E.P.No.93 of 2010 was filed for attachment of salaries of the judgment-debtors 1 to 4 and an application under Order XXI Rule 22 of CPC was filed and it was pending. While the matters stood thus, the present E.P. No.117 of 2010 was filed, as a simultaneous execution petition, to attach the salary and retirement benefits of the judgment-debtor No.2. Permission was granted by the Court in E.A.No.313 of 2010 to take simultaneous execution on 16.08.2010.

(3.) LEARNED counsel for the petitioner was permitted to take notice personally to 2nd respondent and proof of service of notice is filed before this Court and nobody appeared.