THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.3549 OF 2011 O R D E R Heard both the counsel. 2. Aggrieved by the order and decree dated 1.8.2011 passed by the court of I Additional Senior Civil Judge, Nellore in I.A.No.479/2011 in O.S.No.350/2011 in dismissing the I.A. filed by the plaintiff under Section 151 of C.P.C. for withholding the arrears of salary of the respondent/defendant lying with the garnishee/2nd respondent, and in imposing costs, the plaintiff filed the present revision. 3. The plaintiff filed the suit in O.S.No.350/2011 against the defendant for recovery of the amount based on the promissory note. Pending the suit, he filed the present I.A., for withholding the arrears of leave salary of the respondent/defendant of Rs.2,24,459/-, lying with the garnishee/2nd defendant. 4. From the record, it could be seen that the defendant is working as Assistant Engineer in Gudur in the Irrigation Department, Nellore South Division, Naidupeta Gundur. The plaintiff filed the present I.A. seeking attachment of the salary without filing any third party affidavits, to show the intention of the defendant to defeat the decree that may to be passed against him. Along with the counter, the defendant filed documents to show his salary and the immovable property in his name. Therefore, in my considered view, the trial court rightly dismissed the I.A., as the petitioner is having other source of income and, the plaintiff is not justified in seeking the employer to withholding the arrears of leave salary. 5. But the fact that the defendant was having immovable property in his name and that he is drawing a salary of Rs.18,000/- per month, were known to the plaintiff after filing of the counter in the present I.A. Therefore, I am of the considered view, imposing exemplary costs, in the light of the present facts and circumstances, is not desirable and accordingly the costs are set aside. 6. For the foregoing reasons, the impugned order in dismissing the I.A., is confirmed, but the costs imposed by the trial court are set aside. Accordingly the revision is disposed of. No costs. AVS ---------------------------------- 20—10—2011