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1952 Supreme(Mad) 164

VIVIAN BOSE, MEHRCHAND MAHAJAN, N.CHANDRASHEKAR AIYAR
The Union of India – Appellant
Versus
Shrimati Hira Devi – Respondent


Advocates:
M.C. Setalvad, Attorney-General for India (B. Sen, Advocate, with him) for Appellant.
Naziruddin Ahmad, Senior Advocate (Nuruddin Ahmad, Advocate, with him) for Respondent No. 1.
S.N. Mukherjee, Advocate for Respondent No. 2.

N. Chandrasekhara Aiyar, J.- 1. This Court granted special leave to appeal in this case on the Government agreeing to pay the costs of the respondents in respect of the appeal in any event.

2. The decree-holder was a lady named Hira Devi. The judgment-debtor was one Ram Grahit Singh, who retired on 31st January, 1947, as a head clerk in the Dead Letter Office, Calcutta. A money decree was obtained against him on 30th July, 1948. On 1st February, 1949, a Receiver was appointed for collecting the moneys standing to the credit of the judgment-debtor in a Provident Fund with the Postal authorities. The Union of India intervened with an application dated 20th September, 1949, for setting aside the order appointing the Receiver.

3. Mr. Justice Bannerjee dismissed the application of the Union of India, holding that a Receiver could be appointed for collecting the fund. On appeal, Trevor Harries, C.J., and Sinha, J., upheld his view.

4. From the facts stated in the petition filed by the Union of India before the High Court, it appears that a sum of Rs. 1,394-13-1, represents arrears of pay and allowances due to the judgment-debtor and a sum of Rs. 1,563 is the compulsory deposit in his Provid



























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