L. RAJENDRA NAIDU Vs. A.K.DASS

JUDGEMENT

(1.) This Civil Revision Petition is filed against order dated 27-3-2012 in I.A.No.109/2012 in O.S.No.8/2012 on the file of the learned Senior Civil Judge, Puttoor.

(2.) The petitioner filed the above mentioned suit for recovery of money from the respondent. He has filed I.A.No.109/2012 under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (for short "the Code"), for attachment of the retirement benefits of the respondent before Judgment. The respondent resisted the said application by placing reliance on proviso (g) to Section 60(1) of the Code and the Judgment in Radhey Shyam Gupta Vs. Punjab National Bank and another, 2009 AIR(SC) 930. The lower Court accepted the plea of the respondent and dismissed the application on the ground that the retirement benefits having been exempted under the provisions of Section 60(1) of the Code, cannot be attached.

(3.) At the hearing, the learned Counsel representing Sri A.K. Jayaprakash Rao, learned counsel for the petitioner, submitted that in Union of India Vs. Jyothi Chit Fund and Finance, 1976 AIR(SC) 1163 the Supreme Court held that once the retirement benefits reach the hands of the judgment-debtor, they no longer retain that character and they become his personal money.