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since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

Just for legal information but not form as legal opinion

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Sunday, July 26, 2026

Code of Civil Procedure, 1908 – Section 60 – Execution – Attachment of salary – Execution Court ordered attachment of one-third salary of the judgment-debtor for realization of decretal amount – judgment-debtor contended that his salary was already under attachment in execution of other decrees and, in view of the proviso to Section 60 CPC, no fresh attachment could be made until expiry of the mandatory one-year exemption after completion of twenty-four months' attachment – Held, where the salary particulars furnished by the Drawing and Disbursing Officer (DDO)/Garnishee did not disclose any subsisting salary attachment or deductions towards previous execution proceedings, the Execution Court was justified in ordering attachment subject to Section 60 CPC – however, if there had in fact been previous salary attachments for twenty-four months, the DDO is bound to strictly comply with Section 60 CPC by observing the statutory twelve-month exemption before effecting any fresh attachment – in the event of non-compliance, the judgment-debtor is at liberty to approach the Execution Court for appropriate directions after calling for particulars of earlier salary deductions – Civil Revision Petition disposed of with the above observations. (Kambalapalli Rama Chandra Reddy v. Beeram Rama Subba Reddy (died) & others, CRP No.637 of 2025, decided on 08.07.2025).

 Code of Civil Procedure, 1908 – Section 60Execution – Attachment of salary – Execution Court ordered attachment of one-third salary of the judgment-debtor for realization of decretal amount – judgment-debtor contended that his salary was already under attachment in execution of other decrees and, in view of the proviso to Section 60 CPC, no fresh attachment could be made until expiry of the mandatory one-year exemption after completion of twenty-four months' attachment – Held, where the salary particulars furnished by the Drawing and Disbursing Officer (DDO)/Garnishee did not disclose any subsisting salary attachment or deductions towards previous execution proceedings, the Execution Court was justified in ordering attachment subject to Section 60 CPC – however, if there had in fact been previous salary attachments for twenty-four months, the DDO is bound to strictly comply with Section 60 CPC by observing the statutory twelve-month exemption before effecting any fresh attachment – in the event of non-compliance, the judgment-debtor is at liberty to approach the Execution Court for appropriate directions after calling for particulars of earlier salary deductions – Civil Revision Petition disposed of with the above observations. (Kambalapalli Rama Chandra Reddy v. Beeram Rama Subba Reddy (died) & others, CRP No.637 of 2025, decided on 08.07.2025).