LAWS(P&H)-2016-5-471

SNEH LATA Vs. KRISHNA DEVI

Decided On May 10, 2016
SNEH LATA Appellant
V/S
KRISHNA DEVI Respondents

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 11.2.2015 [Annexure P/1] passed by Civil Judge [Senior Division], Bathinda whereby salary of the petitioner was attached in a suit for recovery.

(2.) Learned counsel for the respondent while arguing on the point submitted that the respondent is concerned about the satisfaction of lawful decree having been passed against the petitioner and for that purpose, he had sought help of the Court.

(3.) In the present case, the decree is not a decree for maintenance, but is a decree passed in a suit for recovery and the provisions of Section 60(1)(i) CPC shall be operative and the Court below has misread the relevant provision. As such the order dated 11.2.2015 [Annexure P/1] stands set-aside and the present petition is disposed of with a direction that the Executing Court shall proceed with the satisfaction of the decree as per relevant provisions incorporated under Section 60(1)(i) CPC.