IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 135 of 2008(N) ------------------------------------ AGAINST THE ORDER DATED 08/10/2007 IN EA.1142/2007 IN EP.490/2005 IN OS.160/2004 OF PRL.SUB COURT,IRINJALAKUDA. .................... PETITIONER: ------------------- M.S.S. ABDUL SAHEER, S/O.MANAKULANGARA SHEIKH ISMAIL, AGED 43, IRINJALAKUDA VILLAGE AND DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI, SRI.K.J.NASARUL ASLAM. RESPONDENTS: ----------------------- 1. SURAG CHITTIES (P) LTD., IRINJALAKUDA. 2. SABIRA, W/O.MANAKULANGARA SHEIKH ABDUL JALAL, KATTUNGAMBIRA, IRINJALAKUDA VILLAGE. 3. SHOBI, S/O.MAMBULLI JOSE, IRINJALAKUDA VILLAGE AND DESOM. 4. VELAYUDHAN, S/O.NOCHIPARAMBIL RAMANKUTTY, MAPPANAM DESOM, MADAYIKONAM VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 135 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Irinjalakkuda in E.A.1142/07 whereby the learned Subordinate Judge did not permit the prayer of the writ petitioner to pay the amount by way of attachment of salary. The writ petitioner herein is a Government employee and a perusal of the salary certificate would show that he is having a consolidated salary of Rs.7,840/- with deductions of Rs.3,153/-. It is submitted by the learned counsel that he is only a surety and that he can always demand the principal judgment debtor to wipe off the liability. It is true that the liability of the surety is co- extensive with that of the principal judgment debtor and there cannot be any embargo placed on him to proceed against the surety alone. But, it is to be stated that the man who has received the amount should pay back the amount W.P.C 135 OF 2008 -:2:- and for that purpose if the surety can persuade an opportunity can be given. I therefore dispose of the writ petition as follows. (1) I direct the writ petitioner to pay the decree amount in six monthly equal instalments commencing from 11.2.08. (2) If he commits default of payment of first instalment and thereafter two consecutive instalments the benefit conferred on him will be cancelled and the decree holder can proceed with a request to the Court to arrest the judgment debtor and detain him in civil prison. (3) The writ petitioner can also persuade the principal judgment debtor to pay the amount. (4) In the light of this order the Court below is directed not to execute the warrant of arrest now. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-