VINOD KUMAR SHARMA Vs. GUMAN SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Executing Court on 21.10.2004, whereby the amount of pension payable to the judgment debtor was ordered to be attached in execution for recovery of Rs. 85,000/- along with interest @ 6%.

(2.) An application was filed for withdrawal of the warrants of attachment by relying upon Section 11 of the Pension Act, 1871 (for short 'the Act'), contending that no pension granted by the Government on account of past service shall be liable for seizure or attachment by process of any Court. However, the learned trial Court dismissed the application filed by the judgment debtor relying upon the order passed by the Andhra Pradesh High Court reported as S. Nagappa v. K.P. Hanumappa,2004 2 CCC 634. It was held that when the pension amount is not Civil Revision No. 1322 of 2006 (2) lying with the Government or under its control and the said amount has already been sent and deposited in the savings account of the judgment debtor, it loses all the characteristics and incidence of a pension.

(3.) Aggrieved against the said order, the judgment debtor filed the present revision petition relying upon a judgment of the Karnataka High Court reported as Vigneshwar v. Gangabai Kom Narayan Bhat Prasad and Ors., 1997 AIR(Kar) 149, to contend that the it would be unreasonable and irrational to treat the physical point of disbursement as the cut off period to hold that the amount disbursed to the judgment debtor is not the amount of pension.