The attachability of the salary and the adjustment of payments is a matter, which has to be decided by the executing Court.Without putting appearance before the executing Court and submitting the reasons as to the non-attachability of the salary, the present revision is filed contending that already some amounts were paid and they were not given credit.


THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

 

CIVIL REVISION PETITION No.244 of 2013

ORDER:

The 1st Judgment Debtor in E.P.No.53 of 2011 in O.S.No.216 of 2008 on the file of the Court of Senior Civil Judge, Vizianagaram, has filed this Civil Revision Petition.

2.       The suit was one filed for recovery of the money and in execution of the decree, attachment of the salary of the Revision Petitioner has been ordered.  He said to be an employee in the Naval Armament Department (NAD) at Visakhapatnam. Without putting appearance before the executing Court and submitting the reasons as to the non-attachability of the salary, the present revision  is filed contending that already some amounts were paid and they were not given credit.  The attachability of the salary and the adjustment of payments is a matter, which has to be decided by the executing Court.
                       
3.       Therefore, in view of the circumstances, the Revision is disposed of with a liberty to the Judgment Debtor to approach the executing Court and file a counter and raise objections about the attachment or the liability of the payment of the decretal amount.

4.       Accordingly, the Civil Revision Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.

____________________________
N.R.L.NAGESWARA RAO,J
Dated: 11.02.2013
VSV/KH          

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