Madras High Court
R.Lakshmi vs V.Ashokkumar on 4 January, 2022
CRP (NPD) No. 2986 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP (NPD) No. 2986 of 2021
S.R.Ramasamy (died)
1. R.Lakshmi
2. R.Rajeswari
3. Sadasivam
... Petitioners/Petitioners/Decree holders/Plaintiffs
Vs
1. V.Ashokkumar
... 1st Respondent/1st Respondent/J.D/Defendant
2. General Manager
Aavin
Erode District Co-operative
Milk Producers' Union Limited.,
Vasavi College Post,
Erode – 638 316.
... 2nd Respondent/2nd Respondent/2nd
Respondent/Garnishee
1/5
https://www.mhc.tn.gov.in/judis
CRP (NPD) No. 2986 of 2021
PRAYER: Civil Revision Petition filed under Section 115 of the Code of
Civil Procedure against the fair and decretal order dated 25.07.2019 made in
E.A.No. 221 of 2012 in E.P.No. 106 of 2008 in O.S.No. 488 of 2005 on the
file of the First Additional District Munsif Court, Erode.
***
For Petitioner : Mr. D.Gopal
ORDER
Challenge in this Civil Revision is the order of the trial Court
dismissing the Execution Application filed by the petitioner/Decree Holder
under Order 21 Rule 46(a), seeking a direction to the Garnishee to pay a
sum of Rs.29,791/-, which has been deducted by the Garnishee from the
salary of the Judgment Debtor and held in its hand.
2. The second respondent/Garnishee had filed a counter stating
that no doubt the notice in the Execution proceedings directing attachment
of the salary of the first respondent/Judgement Debtor was served on the
Garnishee, but the Judgment Debtor has stopped attending work from
29.09.2007 and because of his long unauthorised absence, he was dismissed
from service on 25.08.2012. Apart from filing the relevant documents, the
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CRP (NPD) No. 2986 of 2021
Manager of the Garnishee has also deposed as a witness and she has stated
in her evidence that the Judgment Debtor has not been attending work and
he has been removed from service and except gratuity of Rs.94,067/- which
is payable to him no other amount is in the hands of the second respondent.
As far as the gratuity is concerned, it is stated that the same cannot be
subject matter of attachment and it cannot paid over to the Decree Holder.
The Executing Court accepted the explanation offered by the Garnishee and
dismissed the application.
3. Mr. D.Gopal, learned counsel appearing for the petitioner
would vehemently contend that upon service of notice of attachment, the
Garnishee must have deducted the salary and failure on the part of the
Garnishee to deduct salary cannot prejudice the Decree Holder.
4. I am unable to accept the submission by the learned counsel
appearing for the petitioner.
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CRP (NPD) No. 2986 of 2021
5. It is seen from the records that the Judgment Debtor has not
been attending work from September 2007. The Execution Petition itself
has been filed only in the year 2008 and the order of attachment was
communicated only during April 2009. Even as on that date, the Judgment
Debtor was not been attending work and he has been removed from the
service of the Garnishee in the year 2012. Therefore, the Garnishee was not
in a position to deduct any amount from the salary payable to the Judgment
Debtor. I am therefore unable to find fault with the order of the Executing
Court for dismissing the Application. Hence, this Civil Revision Petition fails
and it is accordingly dismissed. No costs.
04.01.2022
vsg
Index: Yes/No
Speaking order / Non speaking order
To:
1. I Additional District Munsif Court
Erode.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
CRP (NPD) No. 2986 of 2021
R.SUBRAMANIAN, J.
Vsg
CRP (NPD) No. 2986 of 2021
04.01.2022
https://www.mhc.tn.gov.in/judis
