RAGHUNANDAN SAHAI Vs. JAIGOBIND SAHAY

JUDGEMENT

(1.) The appellant is a cashier in the Indian Nation Press upon a monthly salary of Rs. 75. He applied for adjudication as an insolvent, and on 8 June 1940, he was duly adjudicated insolvent by the learned District Judge of Patna in accordance with the provisions of Section 27, Provincial Insolvency Act. In passing the order of adjudication the learned Judge directed the appellant to pay into Court out of his salary Rs. 15 per month for one 1 year commencing from July 1940. It is this portion of the order to which the appellant objects.

(2.) Under the provisions of Section 28, Clause (4) of the Act all property which is acquired by or devolves on the insolvent after the date of an order of adjudication and before his discharge shall forthwith vest in the Court or receiver. This however must be read with the provisions of Clause (5) which say that "the property of the insolvent for the purposes of this section shall not include any property (not being books of account) which is exempted by the Civil Procedure Code, 1908, or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree.

(3.) Section 60, Civil P.C., as amended by Act 9 of 1937 provides that certain specified particulars shall not be liable to attachment or sale in execution Of a decree, and amongst those particulars there are in Clause (h) "the wages of labourers and domestic servants, whether payable in money or in kind; and salary, to the extent of the first hundred rupees and one-half the remainder of such salary."