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Lalman and ors. Vs. Kalka Prasad and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in13Ind.Cas.194
AppellantLalman and ors.
RespondentKalka Prasad and anr.
Excerpt:
decree - execution--attachment--malikana allowance payable from government treasury--whether can be attached--pensions act (xxiii of 1871), section 11. - 1. this appeal arises out of an application made by the decree-holders to execute a money-decree held by them. the mode in which the assistant of the court is required is set out as being by attachment of a malikana allowance. both the courts below have disallowed the application. it is contended before us that order xxxiv,- rule 14 of the code of civil procedure does not bar the present application. it was that order and that rule which the lower appellate court held to be sufficient reason for disallowing the application. we have examined the record of the suit and we find both from it and from the application for execution that the property which the decree-holders seek to attach is a malikana allowance payable from a government treasury. such allowance is of the nature of a pension.....
Judgment:

1. This appeal arises out of an application made by the decree-holders to execute a money-decree held by them. The mode in which the assistant of the Court is required is set out as being by attachment of a malikana allowance. Both the Courts below have disallowed the application. It is contended before us that Order XXXIV,- Rule 14 of the Code of Civil Procedure does not bar the present application. It was that order and that rule which the lower Appellate Court held to be sufficient reason for disallowing the application. We have examined the record of the suit and we find both from it and from the application for execution that the property which the decree-holders seek to attach is a malikana allowance payable from a Government Treasury. Such allowance is of the nature of a pension and by Act XXIII of 1871, Section 11, no money which is due or which is to become due on account of any pension or allowance shall be liable to seizure, attachment, or sequestration by process of any Court in British India at the instance of a creditor or in satisfaction of a decree or order of Court. It has not been shown to us that the malikana allowance which the decree-holders seek to attach is of any kind other than that contemplated by Section 11 of Act XXIII of 1871. In the absence of such proof we see no reason to interfere and dismiss the appeal.


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