JUDGMENT

Thomas William Richardson, J. - By our order, dated 26th January, 1922, Rule No. 515 of 1921 Raj Kumar Mookerjee v. W.J. Godfrey AIR 1922 C. 196 was made absolute on the footing that the amount standing to the credit of W.J. Godfrey in the State Railway Provident Institution was attachable at the instance of the then petitioner, Raj Kumar Mukherjee, in execution of a decree for money which he had obtained against Godfrey in the Sealdah Court of Small Causes. Inasmuch, however, as the rule was unopposed, there being no appearance for Godfrey and the Administrator of the Fund, to whom no notice of the Rule had been given, not being represented, liberty was expressly reserved to the latter to come in and move to have the order discharged. In pursuance of the liberty so reserved, the present Rule was obtained on behalf of the Secretary of State for India. At the hearing, the learned Advocate-General appeared for the present petitioner, the Secretary of State, and the learned Vakil, Mr. Mohendra Nath Roy, for the creditor.

2. There is no dispute that the amount standing in the Fund to Godfrey's credit was not attachable so long as he was employed as a servant of a State Railway.