V RATNAKUMARI Vs. K SUBBARAVAMMA

JUDGEMENT

(1.) This civil revision petition is against the order passed by the learned III Additional DistrictMunsif, Machilipathamin I.A. No.1560 of 1991 in S.C. No.94 of 1991 directing conditional attachment of an amount of Rs.4,000/- out of the General Insurance amount of Rs.50,000/- standing in the name of Vallabhaneni Satyanarayana, the defendant in the suit, who died during the pendency of the suit and whose legal representatives are his wife and son, the petitioners herein.

(2.) Alleging that the deceased Satyanarayana was an employee of the Andhra Scientific Company at Machilipatnam, the successor of which is the Bharat Electronics Limited (BEL), and that he borrowed a sum of Rs.3,000/- by executing a promissory-note on 2-2-1988 for meeting his family expenses but paid only Rs.500/- and had not repaid the balance, the suit was laid by the respondent herein (Katta Subbaravamma). An Interlocutory Application, I.A. No. 1560 / 1991, under Order 38 Rule 5 C.P.C. was filed seeking attachment of the General Insurance amount of Rs.50,000 /- in G.I. No.4/329, standing to the credit of the deceased sefendant. That application was allowed by the learned III Additional District Munsif observing that the relief of conditional attachment sought by the respondent herein was not hit by Section 60 (kb) C.P.C. Aggrieved by that, the present civil revision petition was brought.

(3.) The only point urged before me by the learned Counsel for the petitioners is that u/s.lO(l)of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short "the Act"), the amount standing to the credit of any member in the Fund is not liable to attachment. I am inclined to accept this contention. The expression "Fund" is defined by Section 2(h) of the Act as meaning the provident fund established under a Scheme. Section 10 of the Act, which speaks of protection against attachment, is in the following terms:-