HIRA SINGH RANGA Vs. TEJ PAL

JUDGEMENT

(1.) Present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 12.11.2011 (Annexure P/2) passed by learned Civil Judge (Junior Division), Chandigarh whereby objections filed by the petitioner has been dismissed and the pension along with the scooter of the petitioner has been attached in execution of decree. I have heard learned counsel for the parties and perused the record.

(2.) Learned counsel for the petitioner-judgment debtor contended that the pension cannot be attached in view of Section 60(1)(g) of the Code of Civil Procedure. Learned counsel for the petitioner has also referred to Pension Act, 1871 and relied upon judgment of this Court in Rachhpal Singh v. Balwant Kaur, 2007 145 PunLR 606 to contend that pension cannot be attached. However, learned counsel for the petitioner does not press the petition qua the attachment of the vehicle i.e. Scooter.

(3.) Learned counsel for the respondent vehemently opposed the contention raised by the learned counsel for the petitioner and stated that the pension once deposited in the account does not remain pension and can be attached.