SHAMSHER SINGH Vs. GANDHI SINGH

JUDGEMENT

(1.) This is a revision petition by the judgment-debtor against the order of the Subordinate Judge 1st Class, Chandigarh, dated 23rd August, 1982.

(2.) Briefly, the facts are that the Petitioner judgment-debtor is drawing Rs. 825 as pay, Rs. 208.3.0 as D.A., Rs. 65 as C.C.A., Rs. 150 as H.R.A. and Rs. 10 as medical allowance, per mensem, the total of which comes to Rs. 1,258.30. After deducting an amount of Rs. 50. P.M. on account of contribution towards the General Provident Fund, the net salary of the Petitioner comes to Rs. 1,208.30. The executing Court, after deducting Rs. 400 under Section 60(1)(i) of the Code of Civil Procedure (hereinafter referred to as the Code), ordered attachment of 1/3rd of the remaining amount towards the execution of the decree passed in favour of Respondents Nos. 1 and 2. The judgment-debtor has come up in revision against the order of the executing Court to this Court.

(3.) It is contended by the learned Counsel for the Petitioner that the amounts of D.A., C.C.A., H.R.A. and medical reimbursements are not liable to attachment under Section 60(1)(i) of the Code read with the notification issued by the State Government, dated 27th June, 1983.