Madras High Court
P.Raja Samuvel vs Venkatesan ...1St on 7 August, 2023
C.R.P(MD)No.204 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2023
CORAM
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN
THILAKAVADI
C.R.P(MD)No.204 of 2023
and
C.M.P(MD)No.1010 of 2023
and
C.M.P(MD)No.8997 of 2023
P.Raja Samuvel ... Petitioner/1st Respondent
1st Defendant
Vs.
1.Venkatesan ...1st Respondent/Petitioner/
Plaintiff
2.The Secretary,
Sokkalal Higher Secondary School
Mukkudal
Tirunelveli. ... 2nd Respondent/Garnishee
2nd Defendant
Civil Revision Petition is filed under Article 227 of the Civil
Procedure Code, to call for the records pertaining to fair and decreetal order
dated 02.09.2022 passed in E.P.No.31 of 2020 in O.S.No.105 of 2011 on the
file of the Subordinate Judge, Ambasamudram and set aside the same.
For Petitioner :Mr.M.E.Ilango
For R1 :Mr.N.Jeyaram Sidharth
1/4
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.204 of 2023
ORDER
The Civil Revision Petition is filed fair and decreetal order dated
02.09.2022 passed in E.P.No.31 of 2020 in O.S.No.105 of 2011 on the file
of the Subordinate Judge, Ambasamudram.
2.According to the revision petitioner, the first respondent filed an
execution petition under Order 21 Rule 48 C.P.C., seeking to execute the
judgment and decree passed in O.S.No.105 of 2011, dated 26.10.2016, in
which, an order was passed by the Executing Court directing the second
respondent/Garnishee to attach the salary of the first respondent to the tune
of Rs.29,194/- per month. Further, Order 21 Rule 48 as per C.P.C., provides
only salary of the Government or railway company or local authority
employers can be attached. The trial Court, without considering the fact that
the petitioner is not a Government employee, has erroneously passed an
order in E.P. Further, the second respondent is a Private School governed by
the provisions of the Tamil Nadu Private School (Regulations) Act, 1976
and they will not fall under the definition of “appropriate Government” as
defined in Order 21 Rule 48 of C.P.C. Therefore, the petitioner will not
come under the ambit of the servant of the Government and he is only an
employee of the second respondent and his services were regulated only by
the Tamil Nadu Private School (Regulations) Act, 1976. Hence, he filed the
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.204 of 2023
present civil revision petition for setting aside the order passed in E.P.No.31
of 2020.
3.During the course of argument, it is submitted that the entire
decreetal amount is paid by the principal debtor and therefore, there is no
necessity to attach the salary of the petitioner herein. The same is also
accepted on the side of the respondents. In this regard, the first respondent
has also filed a memo before the Executing Court.
4.In view of the above, the order dated 02.09.2022 passed in E.P.No.
31 of 2020 in O.S.No.105 of 2011 by the Subordinate Judge,
Ambasamudram, is hereby set aside and the Civil Revision Petition is
allowed. No costs. Consequently, connected miscellaneous petitions are
closed.
07.08.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Subordinae Judge,
Ambasamudram.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.204 of 2023
K.GOVINDARAJAN THILAKAVADI, J.
Ns
C.R.P(MD)No.204 of 2023
and
C.M.p(MD)No.1010 of 2023
and
C.M.P(MD)No.8997 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
