JUDGMENT - Couto, G.F. J.:- whether monies payable under an Insurance Policy on the life of the judgment-debtor after the latter's death can be attached, orwhether the payments of such monies to the nominee after the death of the assured can be restrained in a suit for recovery of monies borrowed by the latter, is the question that this appeal gives rise to and falls for my determination.

2. The appellant Bank has filed a suit against the respondents for recovery of an amount of Rs. 2,15,720.20 p. based on an advance made to the late Dr. P.P. Pillai. The respondents are the successors of the said Pillai and he was dead at the time the suit was instituted. Dr. Pillai had some Life Insurance Policies on his life issued by the Life Insurance Corporation of India, the respondent no. 1 being his widow and nominee in the said Policies. In the course of the suit, the appellant filed an application for attachment of the aforesaid Insurance Policies before judgment, under 0.38 R.5 Civil Proceduse Code and the trial Judge by his order dated 22nd September, 19.79, granted the alternative prayer restraining the Life Insurance Corporation of India from paying the amounts of the said policies and

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