PURUSOTTAM SINHA Vs. SATYENDRA CHANDRA GHOSE MOULIK

JUDGEMENT

(1.) This is an appeal from an order passed by the learned District Judge Murshidabad, directing an insolvent, the appellant in this Court, to pay to the Receiver in insolvency a sum of Rs. 50 per month out of his pension.

(2.) The question arising for consideration in the case is this Whether in view of the provision contained in Section 28(5) of the Provincial Insolvency Act, the order passed by the Judge in the Court below is in accordance with law. There is no question that the appellant, draw a pension of Rs. 1-12 from the Government, for past services, and the amount, ordered to be paid to the Receiver is to come out of that pension; it was, therefore, urged in support of the appeal that the pension enjoyed by the insolvent being in law incapable of being attached, the Court below was in error in directing payment of Rs. 50 per month out of the pension and in ordering that in default of such payment the insolvent was liable to have the order of adjudication annulled.

(3.) The Provincial Insolvency Act by Section 28, Sub-section (5) provides for thus: