THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3057 OF 2008 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, "C.P.C.") is filed against the docket order, dated 10.03.2008, in O.E.P.No.60 of 2007 in O.S.No.89 of 2001, on the file of the Senior Civil Judge, Madanapalle, Chittoor District, whereunder and whereby, an amount of Rs.1,500/- was attached from the salary of the petitioner/judgment debtor No.2 for realization of the decretal amount in Execution Petition. 2. Learned counsel for the petitioner contended that since the salary of the revision petitioner, was already attached by the Senior Civil Judge’s Court, Madanapalli and the Principal Junior Civil Judge’s Court, Madanapalli, to the extent of Rs.5,000/- and Rs.960/- respectively, the present attachment vide the impugned order is not maintainable and hence, he prays to set aside the impugned order. 3. On the other hand, learned counsel for respondent No.1 contended that the attachment was in accordance with proviso (i) to Section 60 Clause (1) C.P.C. and hence, he prays to dismiss the Civil Revision Petition. 4. Under proviso (i) to Section 60 Clause (1) C.P.C., salary to the extent of the first one thousand rupees and two-thirds of the remainder shall not be liable for attachment in execution of any decree other than a decree for maintenance. The proviso makes it clear that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty-four months, be finally exempt from attachment in execution of that decree. 5. According to the learned counsel for the petitioner, after deducting the statutory deductions, the petitioner is getting salary of about Rs.5,000/- per month. If, Rs.1,000/- per month is exempted in the first instance, an amount of Rs.4,000/- per month can be taken for the purpose of effecting attachment. Therefore, out of the amount of Rs.4,000/-, only one-third of the amount is attachable and the remaining two-third is not attachable, in view of Section 60 C.P.C. If one-third of Rs.4,000/- is taken into consideration, it is well within the Court to attach Rs.1,500/- per month. However, if the case falls under proviso to Section 60 (1) (i) C.P.C., the petitioner/judgment debtor No.2 can as well file an application before the Executing Court to raise attachment and after filing of such application, the same shall be disposed of in accordance with law. In the present revision petition, there are no grounds to set aside the impugned order and the petition is liable to be dismissed. 6. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J September 30, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3057 OF 2008 Between: P. Vanaja .....PETITIONER AND M/s. Shriram Chits Pvt. Ltd. and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3057 OF 2008 September 30, 2010