RAMWATI Vs. KRISHAN GOPAL

JUDGEMENT

(1.) The short but interesting question of law arises in this appeal as to whether gratuity which was payable to an employee, who has died, is liable to be attached against decree for recovery of money passed against heirs of the employee and the decree was executable only against the estate of the employee in the hands of his heirs.

(2.) The facts, in brief, are that Krishan Gopal, decree holder, filed a suit for recovery of Rs. 1800.00 against Ramwati, Krishna Devi, Jasoda Bai and Baldev, daughters and son of Lakshmi Chand on the averments that Lakshmi Chand (since deceased) had borrowed Rs. 1450.00 on April 3, 1964 and in consideration of which he executed a pronote agreeing to pay interest @ 12% per annum. This suit was contested by the defendants but was decreed on July 27, 1967, by Shri Shamsher Singh, Sub-Judge, with the direction that the decree would be executable against the estate inherited by the defendants from Lakshmi Chand, deceased.

(3.) The execution application was filed by the decree holder seeking attachment of dues of Lakshmi Chand in the hands of Delhi Cloth & General Mills where the deceased was employed which included provident fund and gratuity. A sum of Rs. 12321- was received from the Manager, Delhi Cloth & General Mills, as balance of gratuity which was payable to the heirs of the employee Lakshmi Chand. This amount was paid to the decree holder in part satisfaction of the decree. This amount was received by the decree holder from the court on May 31, 1968. It is to be mentioned here that during the pendency of the suit itself, an application under Order XXXVIII Rule 5, Code of Civil Procedure, had been moved by the plaintiff-decree holder seeking attachment before judgment the provident fund, bonus, gratuity and other dues of Lakshmi Chand in the hands of his employer. The attachment before judgment was issued vide order dated June 2, 1966, but on July 26, 1967, the court passed the following order :-