- (1.) This is a petition under Article 227 of the Constitution of India for issuing a direction to the executing Court to decide the application dated 3.11.1988 filed by the petitioner-Judgment debtor.
(2.) In the execution application filed on behalf of the State Bank of India, the executing Court passed the following order on 4.6.1988(9) : "Counsel for the Decree-holder has filed an application for attachment of salary of the J.D. The same is allowed. Three-fourth salary of the J.D. be attached. Warrants of attachment of salary be issued returnable for 20.8.1989 of P.F." At the time of motion hearing, operation of the said order was stayed as the counsel for the petitioner relied upon Clause (i) of Sub-section 1 of Section 60 of the Civil Procedure Code. According to the learned counsel, total salary of the petitioner was Rs. 2003/- and according to the said clause, first four hundred rupees and 2/3rd of the remainder are exempt from attachment and sale. Thus, calculating in view of the aforesaid clause, an amount of Rs. 1400 comes under exempt clause and the maximum that could be attached and sold is Rs. 600/- per month.
(3.) After hearing the counsel for the petitioner, it is directed that objection petition dated 3.11.1988 filed by the judgment-debtors be disposed of in accordance with law before passing an order of attachment of his salary. Operation of order dated 4.6.1988 will remain stayed till the final disposal of the said application. This petition is disposed of accordingly.;