THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4616 of 2009 ORDER: The petitioner herein is the judgment debtor and the respondent herein is the decree holder. The respondent herein obtained money decree in O.S.No.227 of 1998 and for realization of the decretal amount, he filed E.P.No.93 of 2008 in O.S.No.227 of 1998 for recovery of the amount by way of attachment of salary of the petitioner. It is the case of the petitioner before the court below that his salary was already under attachment in E.P.No.12 of 2002 in O.S.No.212 of 2000 and another attachment was made in E.P.No.196 of 2008 in O.S.No.1335 of 1998 on the file of the Principal Junior Civil Judge, Tirupati. Therefore, the further attachment of the salary cannot be made in the present E.P. But, the court below, rejecting the said contention of the petitioner, allowed the E.P. for attachment of the salary of the petitioner. Aggrieved thereby, the present Civil Revision Petition is filed. Though notice is served, none appears for the respondent and the averments made in the grounds of revision as well as the affidavit filed by the petitioner have not been controverted. It is stated that as per the Provision of Section 60 of CPC, only 1/3rd salary is liable to be attached and the salary of the petitioner was already attached to the extent of 1/3rd in E.P.No.12 of 2002 in O.S.No.212 of 2000 and the said attachment is still in force and ordering further attachment is illegal and contrary to law. It is stated that the decree holder is entitled to recover the decretal amount by attaching the salary of the petitioner under Section 60 read with Order 21 Rule 48 CPC, but the court below already attached the salary of the petitioner for recovery of the amount of Rs.96,069/- at a monthly instalment of Rs.1,500/- and if the present attachment is made, the attachment of the salary will exceed more than 1/3rd and therefore, the impugned order is illegal and unsustainable. I have perused the impugned order. The court below failed to consider about the earlier attachment as well as the total salary of the petitioner available for attachment. As the averments made in the petition are not controverted by filing any counter, having regard to the facts and circumstances of the case, the order under revision is liable to be set aside. Accordingly, the Civil Revision Petition is allowed setting aside the order of the court below and the matter is remitted to the court below for fresh consideration and disposal in accordance with law. There shall be no order as to costs. ___________ 18-06-2010 Prv