On the basis that a person concerned has not been heard of from 12-12-2006 in execution of a decree obtained against such person, the decree holder moved for attachment of the insurance amount belonging to that person, as that was the only known asset of the judgment debtor, as far as the decree holder was concerned. The court below invoked Section 60(1) (Kb) of the Code of Civil Procedure and found that it is exempted from attachment and dismissed the execution petition. That is under challenge.
2. The learned counsel appearing for the petitioner tried to invoke Section 108 of the Evidence Act to draw the presumption of non-availability of the person concerned. That is a special provision regarding presumption available in certain circumstances and that cannot be applied to the facts of the case on hand. If that is to be so, the court below is perfectly justified in passing the impugned order. This original petition is without any merits and it is dismissed.
O.P.(C) No.2921 of 2014 2 This judgment will not prejudice the right of the decree holder to proceed with the garnishee if so entitled, in accordance with law.
Sd/-
P. BHAVADASAN, JUDGE.
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P.S. To Judge