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Attachment of salary

(Querist) 24 March 2017 This query is : Resolved 
Hello Experts,
In a Execution Petition filed by a Chit Fund company a Court has attached the salary of a government employee, can i get a stay on such attachment of salary. Please suggest me under what section an attachment be stayed.

Thank You.
Guest (Expert) 24 March 2017
Yourself being "Attorney/Lawyer/Advocate" you could better have known the relevant sections, If you have some doubt, you could have discussed here with the basis of your doubt, instead of asking an academic question like a law student.
Naveen Kanth Dasari (Querist) 24 March 2017
Sir, usually a stay in a execution proceedings is filed U/O 21 Rule 29, but my question is will a salary attachment be stayed under the same provision.
Naveen Kanth Dasari (Querist) 24 March 2017
as far as i am concerned according to Section 60(i) of CPC a salary cannot be attached
Guest (Expert) 24 March 2017
Dear Naveen Kanth Dasari,

You seem to have misinterpreted section 60(1)(i). Section provides for limit of salary to be attached and the period for which attachment can be implemented.

So, you may file case for stay on merits under Rule 29 of the Order 21.
s. ganesan (Expert) 24 March 2017
It revealed from your query I assume that the chit fund company has obtained arbitration award from the District Registrar. Based upon the AOP the EP has been filed and salary was attached. You cannot file a petition under order 21. rule 29 as long as original petition(award) is not stayed. Another point one third of salary will be attached.
Sudhir Kumar, Advocate (Expert) 25 March 2017
query is quite vague.

stage of attachment comes only when the defendent has lost the civil suit.

so salary attachment is the only way.
Ms.Usha Kapoor (Expert) 25 March 2017
I totally concur with Ganesan's view.
s. ganesan (Expert) 25 March 2017
"SUDIR KUMAR" just to clear cloud of doubts
civil suit is not the only base to attach a salary. There are so many ways to attach salary apart from civil court decree.
Rajendra K Goyal (Expert) 25 March 2017
Agree with the expert P. S. DHINGRA.
Guest (Expert) 25 March 2017
Dear Shri Rajendra,

Thanks for agreeing with me.


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