S.Rafat Alam, J. - (1.) This petition is directed against the order dated 16.5.1997 and 8.8.1997 of the IInd Additional District Judge, Meerut, whereby the learned Court below has ordered to attach one-third salary of the petitioner for the realisation of the decretal amount.
(2.) Mr. Y.S. Vohra, learned Counsel for the petitioner, submitted that the S.C.C. Suit No. 24 of 1991 for arrears of rent and ejectment was decreed ex parte by judgment and order dated 2.8.1996. The petitioner, having learnt about the ex parte decree, immediately moved an application under Order IX, Rule 13 read with Section 151, Civil Procedure Code for setting aside the ex parte decree which was registered as Restoration Case No. 42 of 1996. An application under Section 17 of the Provincial Small Cause Courts Act, to furnish tire surety against the decretal amount, was also moved on 13.11.96, but the learned Additional District Judge, without disposing of the aforesaid application, by the impugned order has attached one-third salary for the purposes of realising the decretal amount. It is also submitted that an amount of Rs. 14,000 has already been deposited by the petitioner and the possession of the house in question was handed-over to the landlord on 1.12.1996 and as such no rent is payable after the aforesaid date.
(3.) Be that as it may, I am of the view that the impugned order does not suffer from any patent error requiring any interference, however, the aforesaid two applications of the petitioner, i.e., under Order IX, Rule 13 of the Civil Procedure Code and under Section 17 of the Provincial Small Cause Courts, requires early disposal by the learned Counsel below.;