Rajni Daughter Of Harbhajan Singh vs Smt. Mohinder Kaur Wife Of Shri Gurinder ... on 22 March, 2013

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Punjab-Haryana High Court

Rajni Daughter Of Harbhajan Singh vs Smt. Mohinder Kaur Wife Of Shri Gurinder ... on 22 March, 2013

Bench: K. Kannan

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                         Civil Revision No.1977 of 2013 (O&M)
                         Date of decision:22.03.2013

Rajni daughter of Harbhajan Singh, resident of Q-10, Naveen
Shahdara, New Delhi.
                                               ...Petitioner


                               versus


Smt. Mohinder Kaur wife of Shri Gurinder Singh, Caste Labana
Sikh, resident of Professor Colony Pehowa, District Kurukshetra.
                                                    ....Respondent


CORAM: HON'BLE MR. JUSTICE K. KANNAN
                    ----

Present:    Mr. V.B. Aggarwal, Advocate,
            for the petitioner.
                                ----

K.Kannan, J. (Oral)

1. The revision is filed against the order of the Executing Court contending that the execution cannot be levied by the Executing Court against a person, who remains outside the jurisdiction of the said Court. This has been clarified through an amendment under Section 39(4) of the Civil Procedure Code. The objection is that the Court has not also made it clear that the attachment shall be in respect of 1/3rd after deducting the first ` 1,000/- and shall be only as regards the remaining 2/3rd amount of the total salary, as permissible.

Civil Revision No.1977 of 2013 (O&M) -2-

2. As regards the issue of jurisdiction, I find the objection has not been taken, but as regards the amount as liable for attachment, the order is clear enough that only 1/3rd of the salary after deducting the first ` 1,000/- from the gross salary will be liable for attachment.

3. The issue of jurisdiction will be fundamental and the Court shall transmit the execution petition filed before the Court to the Court of competent jurisdiction at Delhi for continuance of the execution process.

4. The order be dispatched to the Executing Court for a proper transmission of the execution papers before the Court of competent jurisdiction at Delhi for setting the execution process of a person who remains within the jurisdiction at Delhi and outside the jurisdiction of the Executing Court.

5. With these modifications, the civil revision is disposed of.

(K.KANNAN) JUDGE 22.03.2013 sanjeev

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