Madras High Court
M.Manokaran vs Krishnaveni on 22 September, 2021
C.R.P.No.1494 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM :
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P.No.1494 of 2020
and
C.M.P.No.7112 of 2021
M.Manokaran ... Petitioner
Vs
1.Krishnaveni
2.Special Officer,
No.10, Sindamani, wholesale co-operative store,
Vadakovai,
Coimbatore. ...
Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the
Constitution of India praying to direct the Learned Sub Judge, Udumalpet
to number the Petition in E.P.Sr.No.1386 of 2019 in E.P.No.7 of 2018 in
O.S.No.337 of 2015 by allowing this Civil Revision Petition.
For Petitioner : Mr.D.R.Arun Kumar.
For Respondents : Mr.L.P.Shanmugasundaram.
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C.R.P.No.1494 of 2020
ORDER
This Civil Revision Petition has been preferred against the order
of the Learned Sub Judge, Udumalpet made in the form of return in
E.P.Sr.No.1386 of 2019 in E.P.No.7 of 2018 in O.S.No.337 of 2015
dated 20.11.2019.
2.The Learned Counsel for the Petitioner submitted that the
Petitioner filed a Suit against the First Respondent for recovery of money
and the Suit was decreed on 05.12.2016. The Petitioner filed E.P.No.7 of
2018 for attaching the salary of the First Respondent for realizing the
decreed amount. On 25.04.2019, the said Execution Petition was closed
stating that “J.D and garnishee called absent. Process served. EP
Closed.”
3.Therefore, the Petitioner again filed Execution Petition in
E.P.Sr.No.1386 of 2019 under Order 21 Rule 11(2) and 46B and Section
151 of Civil Procedure Code. However, this Petition was returned on
20.11.2019 stating that “attachment of salary was ordered in E.P.No.7 of
2018 and it was closed and the garnishee was served with the order of
attachment of salary and when the garnishee has not taken any steps for
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C.R.P.No.1494 of 2020
complying with the order, Petition has to be filed for committing
contempt of Court's order”.
4.This return shows that already an order of attachment of
salary was ordered and the said order was communicated to the
garnishee. However, the Learned Counsel for the Petitioner has not
produced the particular order passed by the trial Court before this Court.
On going through the return made on 20.11.2019, this Court takes that
already an order of attachment was passed and garnishee was informed.
Despite informing the order of Court for attaching the salary of the
Judgment debtor, the garnishee failed to comply with the order of the
Court. Therefore, the Court directed the Petitioner to file a Petition for
committing contempt of Court's order.
5.Be that as it may, Order 21 Rule 46B mandates where a
garnishee does not appear and show cause in answer to the notice, the
Court may order the garnishee to comply with the terms of such notice
and on such order, execution may issue as though such order were a
decree against him.
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C.R.P.No.1494 of 2020
6.In view of this distinct provision, the Petitioner is now given
permission to move an appropriate application before the Learned Sub
Judge, Udumalpet. On filing such application, the Learned Sub Judge,
Udumalpet is directed to restore the E.P.No.7 of 2018 in O.S.No.337 of
2015 and proceed to dispose the same on merits and in accordance with
law as early as possible.
7.With the above directions, this Civil Revision Petition is
disposed of. No costs. Consequently, connected Miscellaneous petition
is closed.
22.09.20
ay
Index: Yes/No
Internet: Yes/No
To
The Sub Judge,
Udumalpet.
G.CHANDRASEKHARAN, J.
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C.R.P.No.1494 of 2020
ay
C.R.P.No.1494 of 2020
and
C.M.P.No.7112 of 2021
Dated: 22.09.2021
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