ADABALA SATYANARAYANA Vs. ADABALA RATHAMMA
LAWS(APH)-1963-10-5
HIGH COURT OF ANDHRA PRADESH
Decided on October 01,1963

ADABALA SATYANARAYANA Appellant
VERSUS
ADABALA RATHAMMA Respondents

JUDGEMENT

Narasimham, J. - (1.) This is an appeal preferred under the Letters Patent against an order of Sharfuddin Ahmed, J., affirming the order of the first appellate Court that two-thirds of the pay of the appellant could be attached in execution of the maintenance decree against him.
(2.) The matter arises thus : The appellant is the husband of the respondent, who has obtained a decree against him for maintenance in O.S. No. 312 of 1951 on the file of the District Munsif, Tanuku. The appellant is a process-server and gets a pay of about Rs. 50 per mensem. The decree is being executed for arrears of maintenance due and payable for the years 1957, 1958 and 1959 by the attachment of two-thirds of the pay of the appellant. The attachment was objected to on the ground that salary to the extent of Rs. 100 was not liable to attachment under section 60(1) Proviso, clause (i), Civil Procedure Code. But the decree-holder- wife claimed that she could validly attach two-thirds of the salary under clause (i-a) of the said Proviso. In this context, we have to notice that certain amendments were effected by the Code of Civil Procedure (Amendment) Act, 1956 (Act LXVI of 1956). In order to appreciate the point involved in this matter, it is necessary that we set out the relevant provisions, as they stand now, indicating the amendment effected. "60. (1) Thefollowing property isliable to attachment and sale in execution of a decree, namely, lands, houses, or other buildings, goods, money........and save as hereinafter mentioned, all other saleable property, moveable or immoveable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf: Provided that the following particulars shall not be liable to such attachment or sale, namely : (i) salary to the extent of the first hundred rupees and one-half the remainder (in execution Of any decree other than a decree for maintenance) ; Provided that......................................., (i-a) one-third of the salary in execution of any decree for maintenance."
(3.) The said Amendment Act introduced the words indicated in brackets in clause (i) and the entire clause (i-a). The effect of the amendment is therefore to render liable, two-thirds of the salary in execution of any decree for maintenance whereas prior to the amendment salary to the extent of the first hundred rupees and one half of the remainder shall not be liable to attachment and sale.;


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