Court : Allahabad
Decided on : Mar-22-1911
Reported in : 9Ind.Cas.1023
1. On the 24th day of December 1900 the Bank of Upper India Limited obtained a money-decree against three Officers of His Majesty's Regular Forces. No application for execution of this, decree, as the term is ordinarily understood, was made until the 8th day of April 1910 when the decree-creditor applied to the Subordinate Judge of Meerut for execution of the decree by attachment of half of the salary of one of the said Officers, Colonel R. Lecky, appellant to this appeal.2. The judgment-debtor, Colonel R. Lecky, objected to the attachment proposed by the decree-creditor on the grounds that:1. the application was barred;2. his salary was not liable to attachment;3. the decree does not empower the decree-holder to realise under it certain premiums alleged by the decree-holder to have been paid in order to keep alive certain insurance policies held by the Bank as security for the monies originally advanced by the said Bank.3. Other objections were raised, but the present appeal is not co...
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