THE UNION OF INDIA versus HIRA DEVI AND ANOTHER.

THE UNION OF INDIA versus HIRA DEVI AND ANOTHER.

A receiver cannot be appointed for money standing to the credit of a judgment debtor in Provident Fund as such moneys are exempt from execution in any form, including receivership, under Provident Funds Act, 1925 and Section 60(k) CPC. This statutory protection is absolute and grounded in public policy. However, this does not apply to arrears of salary and allowances, which may be executed against.

Parties
Appellant: The Union of India; Respondent No. 1: Hira Devi; Respondent No. 2: Another (Ram Grahit Singh)
Jurisdiction
India
Judgment Date
21 May 1952
Procedural Posture
Civil Appellate / Appeal by Special Leave From Judgment and Decree of Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Provident Fund Exemption From Attachment, Appointment of Receiver in Execution, Interpretation of Section 60 Civil Procedure Code, Interpretation of Provident Funds Act, 1925
Civil Procedure Labour/employment Law Provident Fund Exemption From Attachment Appointment of Receiver in Execution Interpretation of Section 60 Civil Procedure Code Interpretation of Provident Funds Act, 1925

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Parties

The Union of India

Appellant

Hira Devi

Respondent No. 1

Another (Ram Grahit Singh)

Respondent No. 2

Procedural Posture

Civil Appellate / Appeal by Special Leave From Judgment and Decree of Calcutta High Court

Legal Issues

  1. 1 Whether a receiver can be appointed in execution of a decree in respect of Provident Fund money due to a judgment debtor
  2. 2 Whether Provident Fund deposits, including after retirement, are exempt from attachment or receivership in execution proceedings
  3. 3 Whether arrears of salary and allowances are similarly exempt

Ratio Decidendi

A receiver cannot be appointed for money standing to the credit of a judgment debtor in Provident Fund as such moneys are exempt from execution in any form, including receivership, under Provident Funds Act, 1925 and Section 60(k) CPC. This statutory protection is absolute and grounded in public policy. However, this does not apply to arrears of salary and allowances, which may be executed against.

Court Disposition

Appeal allowed

Orders

  • The order appointing a receiver in respect of Provident Fund standing to the judgment debtor's credit is set aside.
  • The Government will pay the first respondent's costs of this appeal.