RAM KANVAR Vs. RAM RICCHHPAL BANARSI DASS

JUDGEMENT

(1.) This is a revision-petition directed against the order dated 6-3-2002 passed by the executing Court of Civil Judge (Senior Division), Rewari in which a direction has been issued directing the Treasury Officer, Rewari to remit the amount of 2/3rd pension of the judgment-debtor-petitioner till the realisation of the decretal amount of Rs. 20,740/- plus interest payable at the rate of 12% per annum.

(2.) The decree-holder-respondent had filed a Civil Suit No. 1535 dated 3-1-1992 against the judgment-debtor-petitioner which was decreed on 19-11-1996 by the Civil Judge (Senior Division), Rewari. The dcoree-holder-petitioner filed an application for execution of the aforementioned decree for recovery of decretal amount of Rs. 20,740/- plus interest payable at the rate of 12% per annum from the date of filing of the execution petition. The warrants of attachment were issued for attaching the pension of the judgment-debtor-petitioner to the extent of 2/3rd till the realisation of the decretal amount. The executing Court passed the following order : "Attachment warrant has been received after execution. Treasury Officer, Rewari is directed to remit the amount of 2/3rd pension of the judgment-debtor till the realisation of the decretal amount of Rs. 20,740/- interest payable on this amount at the rate of 12 per cent, per annum from the date of filing of the execution petition. Now to come up on 8-6-2002 for awatting payment. A copy of this order be sent to T.O. Rewari."

(3.) The grievance made before me now is that the above mentioned prder dated 6-3-2002 suffers from legal infirmities and the same should be invalidated. The plea set up by the judgment-debtor-petitioner is that no notice of the application was given to him and he has been getting only Rs.1,800/- as pension which can not be attached. It is further pleaded that, he is 60 years old.