K.R. LEELA BHAI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) Is pension attachable in execution of a decree for realisation of money Does it enjoy the exemption like stipends and gratuities allowed to pensioners These questions arise for consideration in this Civil Revision Petition.

(2.) The respondent bank had obtained a decree for realisation of money against the petitioner who is now a retired school teacher drawing a monthly pension of Rs. 19,604. The decree was sought to be executed by attachment of pension and the execution court has by the order impugned directed attachment therefrom at the rate of Rs. 6,300 per month. The petitioner contends that no part of the monthly pension is attachable under the Pensions Act, 1871 ('the Act' for short) and the Kerala Service Rules, 1959 ('the Rules' for short). The bank on the other hand maintains that only stipends and gratuities allowed to pensioners are exempt from attachment under the provisions of the Code of Civil Procedure, 1908 ('the CPC' for short).

(3.) I heard Mr. Syam, J. Sam, Advocate on behalf of the petitioner and Mr. Leo George, Advocate on behalf of the respondent.