KASHI PROSAD AGARWALLA Vs. H W JONES

JUDGEMENT

(1.) This is an application for setting aside an ex parte order made on 22-3-1949, appointing Receiver of a certain Provident Fund money. The matter was mentioned to me on 24-3-1949, & I directed that the order should not be drawn up for a week. In the meantime this application was made.

(2.) The petitioner is the widow of one Jones who in his life time was a senior engine driver in the East Indian Railway. On 29-8-1947, the plff. obtained a decree against the petitioner's husband. The D. H. made an application for execution of the decree on which the order was made as aforesaid on 22-3-1949. The question is whether a Receiver can be appointed of a Provident Fund amount which stood to the credit of the deceased J. D. at the time of his death.

(3.) The solution depends upon the construction to be given to Section 3(2), Provident Funds Act, 1925, & the determination of the effect thereof.