RAMBALLAV DHANDHANIA Vs. GANGADHAR NATHMALL

JUDGEMENT

(1.) These are three applications and Counsel engaged in them are all agreed that the decision in one will cover the decision in the other two, the point of law being the same in each case. The application that was argued before me is the application on behalf of Rama Devi, the widow of Nathmull Periwal deceased of No. 26/3, Armenian Street, Calcutta in Suit No. 369 of 1953 (Ramballav Dhandhania v. Gangadhar Nathmull) for removal-of the attachment levied at the instance of the plaintiff on the moneys payable under the Insurance Policies effected by the deceased.

(2.) The plaintiff in this suit obtained a decree against the defendant firm Gangadhar Nathmull. The firm, was a registered firm with two partners, Gangadhar Periwal and Nathmull Periwal. The decree was dated 16-1-1953. Nathmull Periwal died on 2-5-1955, leaving the applicant as his widow and Dhanpatrai Pachisia as his son-in-law. Prior to his death, Nathmull Periwal insured his life with Messrs. National Insurance Company Limited under two different Life Insurance Policies for the value of Rs. 25.000/- under each of such Policies. In each of such Policies Nathmull Periwal nominated his widow and son-in-law to receive the insurance moneys. The terms of the nomination in each Policy were as follows :

(3.) The whole contention of the applicant is that after the death of the assured Nathmull Periwal the moneys due under the Policies did not belong to the estate of the deceased assured and were, therefore, not attachable after his death in pursuance of the decree against him. In other words, the short point is that the moneys payable to the nominee under the terms ol the above nomination do not form part of the estate of the deceased judgment-debtor and, therefore, are not answerable for the satisfaction of the decree obtained against him. As will appear from the date of the attachment, such attachment was after the death of the judgment-debtor.