NAGESWARA RAO R Vs. T V LAKSHMI NARAYANA

JUDGEMENT

(1.) This revision is preferred against the decree and order dated 19-7-1997 passed in E.P. No.107 of 1995 in O.S.No. 495 of 1987 on the file of I Addl. District Munsif's Court, Tanuku.

(2.) The Judgment-debtor is the revision petitioner. The respondent-decree holder filed the E.P. under Order XXI Rule 37 C.P.C. for the arrest of the Judgment-debtor. It seems, the decree holder previously filed E.P. Nos. 153 of 1988, 102 of 1990 and 113 of 1994 and realised certain amount that was due under the decree which was obtained by him. Still a sum of Rs.8,500/- is found due to him. Therefore, he filed the present E.P. The Judgment-debtor is an employee in Andhra Sugars Limited and is drawing a sum of Rs. 3,600/- towards his salary. While so, the judgment-debtor resisted thepresent E.P. contending that his salary was under attachment continuously for 24 months in E.P.No. 102 of 1990 and as per the provisions of Section 60 C.P.C., his salary cannot be attached again in the present E.P.

(3.) On a consideration of the arguments advanced on either side and the evidence that was adduced on record, the Court below rejected the contention of the J.Dr. and consequently allowed the E.P. Hence, the revision.