Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Babu @ GA. Vs. Jayalakshmi.

Babu @ Gabriel . vs Jayalakshmi.

Type Court Judgment Court Chennai Decided Aug 18, 2010
~2 min read
https://sooperkanoon.com/case/904474

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Chennai High Court
Judge
Decided On
Case Number
C.R.P.(NPD) Nos.2777 to 2779 of 2010 and M.P.Nos.1 to 1 of 2010
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Civil Revision Petitions filed under Section 115 of CPC against the orders passed in EP Nos.584 and 601 of 2009 in OS Nos.73 and 74 of 2008 dated 17.06.2010 and E.P.No.84 of 2010 in O.S.No.103 of 2008 dated 08.07.2010 on the file of District Munsif Court, Neyveli.

Key legal issue
Civil
Acts & sections
Code Of Civil Procedure (CPC) - Section 115

Parties & Advocates

Appellant / Petitioner

Babu @ Gabriel .

Advocate Mr.C.Selvaraj, Adv.

Respondent

Jayalakshmi.

Legal References

Acts
Code Of Civil Procedure (CPC) - Section 115

Excerpt

civil revision petitions filed under section 115 of cpc against the orders passed in ep nos.584 and 601 of 2009 in os nos.73 and 74 of 2008 dated 17.06.2010 and e.p.no.84 of 2010 in o.s.no.103 of 2008 dated 08.07.2010 on the file of district munsif court, neyveli. .....in os nos.73 and 74 of 2008 and order dated 08.07.2010 passed in e.p.no.84 of 2010 in o.s.no.103 of 2008 by the learned district munsif, neyveli, these civil revision petitions are focussed.2. heard the learned counsel for the petitioner. in the facts and circumstances of the case, no notice to the respondent is required.3. the nitty-gritty of the relevant facts absolutely necessary and germane for the disposal of these three revisions would run thus: the respondent herein filed as many as three suits, o.s.nos.73, 74 and 103 of 2008 and obtained three money decrees as against the one and the same person, who is the revision petitioner in all the three revision petitions. it so happened that in the execution petitions concerned in the proces of executing those three decrees, the court ordered simultaneously attachment in all the three execution petitions and the grievance of the revision petitioner is that he is only getting a meagre sum as income and if at one and the same time all the three attachments are effected, he would be having nothing in his hand at the end of the month while receiving salary from his employer.4. i would like to point out that ex facie and prima facie the apprehension on the part of the revision petitioner is untenable in view of section 60 of cpc, which is clear on the point that the court is justified in passing any number of attachments, but in the process of effecting actual deduction from the monthly salary of a person, section 60 of cpc has to be observed, so to say the attachable portion alone could be attached and the unattachable portion cannot be attached and the garnishee cannot deduct towards attachment of salary over and above what is contemplated in section 60 of cpc. if really there is any excess attachment, then immediately the revision petitioner is given permission to petition the executing court, whereupon the executing court shall intervene and see that section 60 of cpc is enforced in letter and spirit. as such.....

Full Judgment

1. Inveighing the order dated 17.06.2010 passed in EP Nos.584 and 601 of 2009 in OS Nos.73 and 74 of 2008 and order dated 08.07.2010 passed in E.P.No.84 of 2010 in O.S.No.103 of 2008 by the learned District Munsif, Neyveli, these civil revision petitions are focussed.

2. Heard the learned counsel for the petitioner. In the facts and circumstances of the case, no notice to the respondent is required.

3. The nitty-gritty of the relevant facts absolutely necessary and germane for the disposal of these three revisions would run thus: The respondent herein filed as many as three suits, O.S.Nos.73, 74 and 103 of 2008 and obtained three money decrees as against the one and the same person, who is the revision petitioner in all the three revision petitions. It so happened that in the Execution Petitions concerned in the proces of executing those three decrees, the Court ordered simultaneously attachment in all the three Execution Petitions and the grievance of the revision petitioner is that he is only getting a meagre sum as income and if at one and the same time all the three attachments are effected, he would be having nothing in his hand at the end of the month while receiving salary from his employer.

4. I would like to point out that ex facie and prima facie the apprehension on the part of the revision petitioner is untenable in view of Section 60 of CPC, which is clear on the point that the Court is justified in passing any number of attachments, but in the process of effecting actual deduction from the monthly salary of a person, Section 60 of CPC has to be observed, so to say the attachable portion alone could be attached and the unattachable portion cannot be attached and the garnishee cannot deduct towards attachment of salary over and above what is contemplated in Section 60 of CPC. If really there is any excess attachment, then immediately the revision petitioner is given permission to petition the Executing Court, whereupon the Executing Court shall intervene and see that Section 60 of CPC is enforced in letter and spirit. As such with the above observation, all the three revision petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial