JUDGMENT

S.R. Das, J. - This matter has come up before me on a garnishee notice issued by the Master in course of proceedings for execution of the decree passed in this suit. The facts are shortly as follows:

2. On 27th August 1940, the plaintiff Bank instituted this suit against the defendant Rao and his wife on a promissory note executed by them in favour of the plaintiff Bank. On 17th January 1941 a decree was passed for Rs. 5037 with costs and interest on judgment at 6 per cent per annum. The costs have been taxed and an allocatur has been issued for Rs. 403-6-6.

3. The defendant Rao was an employee in the Bengal Nagpur Railway Co., Ltd. and was a subscriber to the Bengal Nagpur Railway Provident Fund. In September 1941, the plaintiff Bank in execution of the decree passed in this suit attached the salary of the defendant Rao. Another judgment-creditor of the defendant Rao had also taken out execution against him and attached his salary. On 1st June 1943, there was an order for rateable distribution and the plaintiff Bank realised Rs. 1197-8-0 as their share.

4. In the meantime, on 14th April 1943, the defendant Rao ceased to be an employee of the Railway Company and the amount sta