1. The decree-holder in O.S. No. 74 of 1958 of the court of the Subordinate Judge, Quilon, is the appellant before us. In execution of the decree she attached certain amounts due to the judgment-debtor (respondent) from the Food Department of the Government of India.

2. By an order dated 17-7-1961- after the remand directed in A.S. No. 392 of 1961-the lower court has vacated the order of attachment. This appeal questions the correctness of that order.

3. The lower court has found-quite correctly-that the debt is payable to the judgment-debtor (respondent) outside the jurisdiction of the court and by a person not resident within its jurisdiction. It is well-settled that "it is not competent to a court, in execution of a decree for money, to attach at the instance of the decree-holder, a debt payable to the judgment-debtor outside the jurisdiction, by a person not resident within the jurisdiction of that court". (See 1955 KLT. 637). To the same effect is AIR. 1934 Nagpur 167:

"Under 0.21, R.46, the executing court has no jurisdiction to pass any prohibitory order unless either the debt to be attached is within the territorial jurisdiction of that Court or the person against