Public Service Mutual Provident Association V. Abram Et Al.,

Present: Wijeyewardene and Jayetileke JJ.

PUBLIC SERVICE MUTUAL PROVIDENT ASSOCIATION,

Appellant, and ABRAM et al. Respondent.

90-D. C. Colombo, 5,588.

Insolvency-Mortgage debt of insolvent-Arrangement to pay debt by instalment from pension-Payment of instalment after adjudication-Right of Assignee to amount paid.

The insolvent, a Government servant, who had retired on pension, owed money to the Public Service Mutual Association on a mortgage bond.

The bond was put in suit by the Association and a decree was entered in its favour. Prior to adjudication the Insolvent had arranged that the Treasury should pay out of his pension a sum of Rs. 69.50 monthly to the Provident Association in reduction of the claim on the bond.

The assignee applied for an order on the Provident Association to bring to the credit of the insolvency case the sum of Rs. 451.33 received by the Association after the insolvent was adjudged as such.

Held, that the assignee was entitled to an order vesting the said sum of money-in him in the insolvency proceedings.

APPEAL from an order of the District Judge of Colombo.

E. B. W

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