G D JOHN Vs. KPSAMBAMURTHY AIYAR (DECEASED) AND THE ORIENTAL GOVERNMENT SECURITY LIFE ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal from the order of the Master in garnishee proceedings instituted by the decree-holder in this suit against the Oriental Government Security Life Assurance Company," Limited, in respect of a policy taken out by one K. P. Sambamurthy Aiyar, the defendant in the suit, who is alleged to have died. It is stated that the policy amount has become due and payable and the money is attached as a debt payable by the Life Assurance Company.

(2.) A copy of the policy has been filed and the terms of the policy are not in dispute. It says: ...the sum of Rs. 1,000 or such other sum as shall become due and payable by virtue of these presents, agreeably to the regulations of the Company, on proof to the satisfaction of the Directors of the death of the said assured or that he has completed the age of 50 years and of the title of the person claiming payment.

(3.) The amount of the policy is expressly made payable at Bombay. Rule 1 of Order 20 of the Original Side Rules runs as follows: This order applies in the case of (1) a debt due to a judgment-debtor, not secured by a negotiable instrument, (2) a debt secured by a negotiable instrument which has been attached under Order 21, Rule 51 of the Code, and (3) moveable property not in the possession of the judgment-debtor, when the person by whom the debt is due, or who is in possession of the moveable property, hereinafter called the garnishee resides, or carries on business, or personally works for gain within the local limits of the Court.