GOPAL RAO EKBOTE, C. J.

( 1 ) THIS appeal has come to us on a reference made by our learned brother , A. V. Krishna Rao, J. by an order of reference dated 29-8-1973. The learned Judge has given the facts of the case and we don not desire to repeat them here. The learned Judge thought that the decision of Sanjeeva Rao Naidu , J. in Official Receiver Nellore v. China Venkayya , AIR 1960 Andh Pra 353 is opposed to several decisions referred by him. He therefore referred the matter to a Division Bench and that is how it has come before us.

( 2 ) THE question arising from the facts is whether an amount of maintenance decree can be attached by a decree-holder who has obtained a decree against the decree-holder in the maintenance decree. The answer to this question naturally depends upon how we understand clause (n) of the proviso to S. 60 (1) of the Civil Procedure Code. While Section 60 (1) enjoins that the property enumerated in sub-section (1) is liable to attachment and sale is execution of a decree, the proviso says that the particulars mentioned in the proviso shall not be liable to any attachment or sale. Clause (n) of the proviso reads : " (n) a right to future maintenance. "

( 3

Click Here to Read the rest of this document