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    Question

    Attachment of a portion of salary can be continued as a

    provision of the Code of Civil Procedure, 1908 for a maximum period of: 
    A 6 months Correct Answer Incorrect Answer
    B 12 months Correct Answer Incorrect Answer
    C 24 months Correct Answer Incorrect Answer
    D 36 months. Correct Answer Incorrect Answer

    Solution

    The attachment in pursuance of a single decree can be made only for a period of 24 months. Thereafter the salary cannot be attached in execution of that decree, for the next 12 months even if there is any balance due.   The High Court of Kerala, in Bindu S.J.George v Headmistress 2008 held that , “As per Section 60, the first thousand rupees and 2/3rd of the balance shall be exempted and the recovery shall be only of the 1/3rd remaining. The said recovery shall be effected in the case of one debt only for 24 months and there shall be a holiday of one year granted after the same for any recovery towards another debt. With respect to different debts in different transactions; the recovery can be continued after the one year holiday; after every recovery for 24 months”.

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