( 1 ) THIS appeal raises a question relating to the interpretation of 5ection 39 of the Indian Insurance Act. The facts leading up to this may be briefly narrated : one Atcbutaramayya executed a promissory note in favour of the appellant on 4th December, 1950. On the foot of this document, a decree was obtained by the appellant on 28th November, 1952, against the 1st and 2nd respondents, i. e. , the widow and the son of the debtor who died some time during the pendency of the suit. In execution of the decree the appellant sought to attach a policy taken by Atchutaramayya on his own life in the United India Life Assurance Company. The widow raised an objection that she having been nominated under section 39 of the Insurance act was entitled to the proceeds thereof and the creditor of her husband has no right to proceed against it. This objection weighed with the Courts below and the execution petition was dismissed. Being aggrieved by this decision, the decree-holder has come up to this Court in second appeal.

( 2 ) THE contention urged by Mr. Choudhry in support of the appeal is that the life Insurance Policy remained an asset of Atchutaramayya in the hands of his legal representat

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