THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5216 of 2010 DATE: 02-02-2011 Between: Gonuguntla Purnachandra Rao .. Petitioner And Y.S.N. Chits (P) Ltd., Mangalagiri and 5 others. .. Respondents THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5216 of 2010 ORDER: This Civil Revision Petition is filed against the order of the Principal Junior Civil Judge, Mangalagiri in E.P.No.6 of 2009 in O.S.No. 88 of 2008. 2. The suit was filed by the decree-holder for recovery of sum of chit amount, and revision petitioner herein is the 2nd defendant and 2nd judgment-debtor. A decree was passed on 02.12.2008 and for realization of the said amount, the salary of the revision petitioner and the 4th judgment-debtor were sought to be attached and the judgment- debtor No.2, who is the revision petitioner herein, filed an objection before the lower Court contending that the principal debtor has got sufficient means and there was also a mortgage and, therefore, the decree-holder can proceed against the principal debtor and attachment of the salary of the revision petitioner will cause hardship to him. 2. However, the learned Principal Junior Civil Judge, Mangalagiri found that it is the option of the decree-holder to proceed against the judgment-debtor and the attachment is valid. 3. The point for consideration is: Whether the order of the lower Court suffers from any infirmity? POINT: 4. So far as the liability of the petitioner under the decree is concerned, there is no dispute. It cannot also be disputed that the judgment-debtor cannot say that the decree-holder should first proceed against others for realization of the money. The decree is joint and several and, therefore, the decree-holder has every option to proceed against the judgment-debtor from whom the money can be realized. 5. Evidently, in this case, the attachment of the salary was ordered. The order of the lower Court or the grounds of appeal does not disclose as to what is the extent of the salary, that was attached. Evidently, any attachment of the salary shall be subject to the provisions of Section 60 of Civil Procedure Code. But the record shows that as if the salary is totally attached without referring to the restrictions under Section 60 of Civil Procedure Code. 6. Therefore, the lower Court is directed to restrict the attachment subject to the limitations under Section 60 of Civil Procedure Code. With the above modification, the order of the lower Court is confirmed. Accordingly, the revision petition is disposed of. No costs. ________________________ N.R.L.NAGESWARA RAO, J 2nd February, 2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5216 of 2010 DATE: 02-02-2011 MR