Attachment of salary - pro order issued - non-compliance
KmeduVishnu
(Querist) 08 January 2013
This query is : Resolved
Dear Experts,
I have the following doubts under the CPC:
In an Execution Petition filed for attachment of salary of a judgment debtor who is a govt. servant, the Pro Order was issued and served to the Garnishee thereby directing him to attach the salary of the judgment debtor and to remit the same into the court.
Though the Garnishee who had acknowledged the Court Pro Order but till date he didn't comes forward to attach the salary inspite of repeated lawyer notices were issued him for reminding the consequences of non-compliance of Court Pro Order, but no fruitful results will come out.
Kindly clarify for the next course of action.
Thanks in advance to the Experts.
Devajyoti Barman
(Expert) 08 January 2013
Ask the executing court to direct the disbursing authority of the judgment debtor to attach his salary.
It is more easier and wide practiced method.
Raj Kumar Makkad
(Expert) 08 January 2013
It is wrong on the part of the lawyer to remind such public officer to do his duty rather make a complaint in writing against such officer defying the lawful order of the court. The Executing court may even file a criminal case against such officer and may even pass serious strictures against him which may even be long lasting for the service of such garnishee.
