PUSHKAR PRASAD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The respondent-Bank obtained a decree for realisation of a sum of money against the petitioner and some of his other relations. In execution of the decree, the pay of the petitioner was attached by the Executing Court vide order dated May 29, 1993. The order was served on the petitioner on December 20, 1994.

(2.) In this revision petition, the argument of the petitioner is that under Section 28 of the Army Act and Section 60 of the Civil Procedure Code, there is an immunity to the attachment of the salary of a person to whom the army Act is applicable.

(3.) Section 28 of the Army Act specifically debars the civil court to attach the salary of any person subject to the Army Act in satisfaction of any decree. The said Section is in the following terms.