S NAGAPPA Vs. K P HANUMAPPA

JUDGEMENT

(1.) The petitioner, who is the Judgment debtor, seeks to assail the orders in E.A. No. 507 of 2002 in E.P.No. 259 of 2002 in O.S.No. 931 of 1998, dated 12-11-2002 on the file of the Principal Junior Civil Judge, Anantapur, dismissing the application filed under Section 60 of the Civil Procedure Code seeking to raise the attachment of the petitioner's pension amount.

(2.) Heard both sides.

(3.) The respondent/decree holder having obtained a decree for recovery of money, filed the Execution Petition and sought for attachment of the Bank Account of the petitioner/Judgment debtor. The main submission made on behalf of the petitioner in the application filed seeking exemption under Section 60 of the Civil Procedure Code is that, the amount as lying in his Savings bank account represents Pension and therefore, the same cannot be attached or proceeded against as per the principles laid down by the Apex Court in Union of India v. Jyothi Chit Fund and Finance and others. Therefore, he sought for raising of the attachment.