CH VENKATESWARA RAO Vs. MARGADARSHI CHIT FUNDS LTD

JUDGEMENT

(1.) The Civil Revision Petition has been coming up for admission. Heard Sri Ugra Narasimha, counsel representing Sri Jayanthi S.C.Sekhar and Sri Raja Rao, counsel representing the 1st respondent.

(2.) The Civil Revision Petition is filed by the Revision petitioners aggrieved by an order dated 7-4-2003 passed in E.P.No.177/2002 in O.S.No.262/2000 on the file of Principal Junior Civil Judge, Vizianagaram. The E.P. is filed for attachment of salaries of Judgment debtors 1 to 4.The said Judgment debtors filed counter stating that the principal debtor is working as a Security guard and is drawing a salary of Rs.10,280/- per month and the decree holder can proceed against the said principal debtor/Judgment debtor No.1 and hence the E.P. is not maintainable against the rest of the Judgment debtors, Judgment debtor Nos.2 to 4. The learned Principal Junior Civil Judge, Vizianagaram had negatived the stand taken by the Judgment debtor Nos.2 to 4 and had ultimately allowed the E.P. and attached the salaries of not only the Judgment debtor No.1, but also the other Judgment debtor Nos.2 to 4. Aggrieved by the same, Judgment debtor Nos.2 to 4 in the aforesaid E.P. had preferred the present Civil Revision Petition.

(3.) Sri Ugra Narasimha, the learned counsel representing the petitioners had placed strong reliance on K.S.R. MURTHY Vs. M/s. S.R. CHIT FUNDS PVT. LTD. AND ANOTHER and had contended that when once the decree holder had initiated the E.P. against the principal debtor it is not open to him to simultaneously proceed against the guarantors also. The learned counsel also had pointed out that though this decision was brought to the notice of the learned Principal Junior Civil Judge, Vizianagaram, the learned Judge however proceeded to make such an order placing reliance on an unreported decision in M/s.MARGADARSI CHIT FUND LIMITED, GUNTUR Vs. MRS.NALLAPU SAROJINI DEVI.