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1976 Supreme(SC) 115

V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Union Of India – Appellant
Versus
Jyoti Chit Fund And Finance – Respondent


Advocates:
G.L.SANGHI, GIRISH CHANDRA, K.B.ROHTAGI, M.K.Garg, M.K.Rastogi, S.P.NAIR, V.K.Jain

JUDGMENT

KRISHNA IYER, J.:—The moral of this case is that a short cut may often be a wrong cut - in law, as in life. The ratio of this appeal is that technicality will not triumph in courts of law and justice, where substantial public policy is involved and it is such public policy which humanistically protects provident fund and pensionary dues of government servants from claims of judgment-creditors to attach in satisfaction of decrees.

2. The appellant, the Union of India, has come up in appeal, by special leave, challenging a laconic order of dismissal in Civil Revision made by the Delhi High Court, thus upholding the view of the executing court overrulling the contention of the State, objecting to the attachment of certain provident fund and pension dues held by Union of India (on behalf of the Rajya Sabha Secretariat) in trust for the judgment- debtor who had been employed in the Rajya Sabha Secretariat. The first court had held that the Union of India had no locus standi to object to the attachment, by the decree-holder on the score that an outsider to the suit without interest in the attached money has standing to intervene to dispute the attachability even if the sum was




























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