Code of Civil Procedure, 1908 — Ss. 51, 60(1)(i), O.21 Rr. 37, 48-A — Execution — Salary attachment — 24 months — Scope and effect Execution of decree — Salary under attachment for 24 months — Effect — Exemption does not discharge decree debt Salary which has been under attachment in execution of one and the same decree for a total period of 24 months becomes finally exempt from attachment in execution of that decree under the proviso to Section 60(1)(i) CPC. However, such exemption does not extinguish the decretal liability nor does it bar the decree holder from executing the decree through other modes available under Section 51 CPC. (Paras 5)

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Code of Civil Procedure, 1908 — Ss. 51, 60(1)(i), O.21 Rr. 37, 48-A — Execution — Salary attachment — 24 months — Scope and effect

Execution of decree — Salary under attachment for 24 months — Effect — Exemption does not discharge decree debt
Salary which has been under attachment in execution of one and the same decree for a total period of 24 months becomes finally exempt from attachment in execution of that decree under the proviso to Section 60(1)(i) CPC. However, such exemption does not extinguish the decretal liability nor does it bar the decree holder from executing the decree through other modes available under Section 51 CPC.
(Paras 5)

Section 60 CPC — Exemption — Nature of — Not absolute discharge of liability
Exemption of property from attachment under Section 60 CPC cannot be understood to mean that the rights of the decree holder to execute and realise the decretal debt stand extinguished, or that the judgment-debtor’s liability to pay the remaining decretal debt comes to an end.
(Para 5)

Section 51 CPC — Modes of execution — Decree holder’s choice
Section 51 CPC enables the executing Court to enforce the decree through any of the prescribed modes. If execution through one mode becomes unavailable, the decree holder is entitled to proceed against the judgment-debtor through other modes recognised by law.
(Para 5)

Order XXI Rule 37 CPC — Arrest and detention — Salary exempt from attachment — Effect
Merely because the salary of the judgment-debtor is exempt from attachment under Section 60(1)(i) CPC, it does not bar proceedings under Order XXI Rule 37 CPC, provided the executing Court, after enquiry, is satisfied that the judgment-debtor has sufficient means and has wilfully neglected or refused to pay the decretal amount.
(Para 5)

Means of judgment-debtor — Salary received — Consideration
Though salary payable may be exempt from attachment, the salary already received by the judgment-debtor can be taken into account in judging his means under Section 51 CPC, as after receipt it ceases to be salary and is no longer protected by the bar under Section 60 CPC.
(Para 5)

Executing Court — Duty to conduct enquiry under Section 51 and Order XXI Rule 37 CPC
Before ordering arrest and detention of the judgment-debtor, the executing Court is bound to conduct an enquiry regarding the means of the judgment-debtor as mandated under Section 51 CPC read with Order XXI Rule 37 CPC.
(Paras 5, 6)

Improper exercise of jurisdiction — Order set aside
Order allowing execution without conducting enquiry into the means of the judgment-debtor amounts to improper exercise of jurisdiction and is liable to be set aside.
(Para 6)

Remand — Direction
Matter remitted to executing Court to conduct enquiry afresh, ascertain the means of the judgment-debtor and pass appropriate orders in accordance with law.
(Para 7)