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1991 Supreme(Ker) 106

VARGHESE KALLIATH, MANOHARAN
Sathyavathy – Appellant
Versus
Bhargavi – Respondent


Judgment :-

Varghese Kalliath, J.

A question of some difficulty arises in this case. Petitioner before us is a decree-holder. The respondents are the legal representatives of the judgment.-debtor. Petitioner secured a decree for Rs.5,000/- with interest. This amount of Rs.5,000/- was borrowed by the wife of the 2nd respondent. The wife of the 2nd respondent and the petitioner were teachers in St. John Bosco's l.ower Primary School.

2. Petitioner instituted a suit, O.S. No. 1142/86 and obtained a decree. Petitioner filed an execution petition for realisation of an amount of Rs.7,627.75 as E.P. No. 676/87. Petitioner wanted to attach the provident fund and gratuity amounts due to the deceased wife of the 2nd respondent. It is in evidence that the 1st respondent, i.e., the deceased wife of the 2nd respondent is entitled to get an amount of Rs.11,000/- as provident fund and nearly an amount of Rs.17,000/- as gratuity. This amount has to be obtained from the Assistant Educational Officer, Cherpu. The respondents contended that the amounts are not liable to be attached in view of the provisions contained inS.60(1)(g) of the Code of Civil Procedure. The court below considered the question a









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