KRISHAN LAL Vs. CHANDI PARSHAD

JUDGEMENT

(1.) THE Civil Revision is directed against the order of Sub -Judge II Class Kurukshetra dated 3rd March, 1977 vide which, the application of the judgment -debtor petitioner that his salary, which was less than Rs. 400/ - per month not attachable under the provisions of law, has been rejected and an order for attaching his salary in accordance with the provisions of Civil Procedure Code has been ordered to be issued. The respondent or his counsel is not present. Therefore, this order will be ex parte order against the respondent.

(2.) THE main ground on which the application of the judgment -debtor was rejected is that the amended Civil Procedure Code was not applicable to the controversy in question, as the same is not retrospective in nature.

(3.) THUS the salary of the judgment -debtor upto Rs. 400/ - could be attached after February 1, 1977. In the application the judgment -debtor has averred that his basic pay less than Rs. 400/ - per month. This contention of his was not controverted by the decree holder. Thus there is no reason to disbelieve the judgment -debtor that his basic pay was less than Rs. 400/ -. Any allowances allowed to the judgment debtor by the Government which are allowed for specific purposes cannot constitute the basic pay of a man as held in Lakshmi Narain v. Man Singh, (1972)74 P.L.R.D. 211.