BOMMINAYANA NIRMALA LAKSHMUNAIDU Vs. RACHAPATHU KRISHNAMURTHY VEERANNA

JUDGEMENT

(1.) The question of importance with reference to the proviso (kb) under Sub-section (1) of Section 60 of the Code of Civil Procedure 1908 (CPC) falls for consideration in this civil revision petition filed by the Judgment-Debtors (J. Drs) whose application for exempting the LIC claim amount of their predecessor was rejected by the Court of I Additional Junior Civil Judge, Tanuku. For the sake of convenience, respondent is referred to as Decree Holder (D. Hr) and petitioners are referred to as J. Drs.

(2.) Bomminayana Lakshmunaidu had borrowed certain amount from the D.Hr. He had taken Policy No. 690589976 of Life Insurance Corporation of India (LIC), Rajam Branch, Vizianagaram District. Be that as it is, D.Hr filed O.S. No. 95 of 2004 for recovery of a sum of Rs. 81,000/- against wife and minor children of Lakshmunaidu, who died before filing the suit. During the pendency of the suit, D.Hr attached LIC policy of Lakshmunaidu. The suit was decreed on 22.6.2007 for Rs. 81,229/- with interest. D.Hr then filed E.P. No. 397 of 2007 for recovery of LIC amount attached earlier. J. Drs filed counter opposing the execution by attachment of insurance amount. The Court below rejected the objections, allowed E.P. and directed to send for the amount from the garnishee. Aggrieved by the said order dated 17.12.2005, J. Drs filed present civil revision petition.

(3.) After receiving notice, D.Hr appeared through the counsel. The counsel for both the parties made respective submissions. They also relied on precedents, to which reference is made hereafter.