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1968 Supreme(Ker) 221

V.R.KRISHNA IYER
P. Vasudevan – Appellant
Versus
M. Pappu – Respondent


Judgment :-

1. Could you attach the maintenance grant payable to the manager of an Aided School under S.9(3) of the Kerala Education Act, read with Chapter XXVIII of the Kerala Education Rules, in execution of a decree obtained against the school? I do not really understand what is meant by a decree against a school. The School prima facie is not a juristic entity and cannot be treated as a person against whom a decree could be passed. Somehow, such a decree appears to have been passed, although the 2nd defendant, qua manager, and the members constituting the educational agency also have been impleaded in the suit which resulted in such a decree. However, the decree itself was passed only against the school, 1st defendant, the manager being only the 2nd defendant. Now, in execution of that decree obtained by a former manager (the plaintiff), the maintenance grant payable to the manager is sought to be attached as if it were the property of the 1st defendant, the Aided School.

2. The question that falls for consideration therefore is whether the maintenance grant can be treated as a property of the school so that S.60 of the Civil Procedure Code will apply and attachment can be effec



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