ORDER:

This Civil Revision Petition is filed by the petitioner under Section 115 of Code of Civil Procedure (in short C.P.C) against the orders passed by learned Junior Civil Judge, Rajam in E.A. No.42 of 2018 in E.P. No.44 of 2015 in O.S. No.85 of 2012 dated 03.03.2020 wherein and whereby the Executing Court called for salary particulars of revision petitioner through Regional Manager as he failed to comply the attachment orders passed by the Executing Court being a Garnishee.

2. The First Respondent/DHR filed O.S. No.85 of 2012 against 2nd respondent for recovery of the debt borrowed by her husband wherein he obtained a decree and also filed petition seeking attachment before judgment in I.A. No.1033 of 2012 under Order 38 Rule 5 of C.P.C wherein LIC Policy amount payable to 2nd respondent a sum of Rs.1,11,229/- (Rupees One Lakh Eleven Thousand Two Hundred and Twenty Nine Only) has been attached. After that on contest by Revision Petitioner, I.A. No.1033 of 2012 was dismissed on 09.07.2014. Then 1st respondent obtained decree against 2nd respondent and filed Execution Petition under Order 21 Rule 52 of C.P.C for attachment of Rs.70,558/- (Rupees

2 BSS, J Seventy Thousand Five Hundred and Fifty Eight Only) which is in the custody of revision petitioner in respect of the insurance policy amount of 2nd respondent, wherein Court ordered for attachment of the amount which was served on the revision petitioner on 24.07.2015 at 4:15 P.M. When revision petitioner has not paid the amount, 1st respondent filed E.A. No.42 of 2018 under Section 151 of C.P.C to attach the salary of the garnishee i.e., revision petitioner herein on the ground that in spite of serving of attachment warrant for payment of LIC policy amount, who failed to comply the same wherein revision petitioner appeared and filed counter stating that attachment order was served on him on 24.07.2015 at 4:15 P.M, the amount available by that time was only Rs.43,500/- (Rupees Forty Three Thousand Five Hundred Only) which was already deposited and withdrawn by 1st respondent/DHR and no loan was sanctioned after receipt of the attachment in E.P. No.44 of 2015.

They pray to dismiss the petition.

3. The Executing Court after hearing both sides allowed E.A. No.42 of 2018 filed by 1st respondent under Section 151 of C.P.C and called for salary particulars of Revision Petitioner on the ground that the Court has not withheld the amount which was attached as per Order of the Court.

3 BSS, J

4. Though notice served to 1st respondent/DHR, none appeared.

5. I have heard learned counsel for revision petitioner.

6. The learned counsel for revision petitioner would submit that 1st respondent without bringing to the notice of Executing Court with regard to the dismissal of petition filed by him seeking attachment before judgment filed Execution Petition for sending LIC Policy amount which is also exempted from attachment in view of Section 60-I K-B of C.P.C. He relied on decision in J.Karunakar Reddy vs The State Of Andhra Pradesh1. He prays to allow the revision petition.

7. Now the point that emerges for consideration is whether impugned order is legally sustainable?

8. Before going to the merits of the case it would be beneficial to quote Section 60-I, K-B of C.P.C., which reads as under.

“Provided that the following particulars shall not be liable to such attachment or sale namely:-

a) X b) X c) X d) X

1 2007 (2) ALD 2012

4 BSS, J e) X f) X g) X h) X i) X ia) X j) X ka) X kb): “All moneys payable under a policy of insurance on the life of the judgment-debtor”………,”.

9. In the present case it is not in dispute that I.A. No.1033 of 2012 in O.S. No.85 of 2012 was filed by 1st respondent under Order XXXVIII Rule 5 C.P.C for attachment of LIC Policy amount payable to 2nd respondent ordered to be attached to an extent of Rs.70,558/- (Rupees Seventy Thousand Five Fifty Eight Only) out of Rs.1,11,229/- (Rupees One Lakh Eleven Thousand Two Hundred and Twenty Nine Only) vide policy No.695337915 of deceased Duppa