BIRBAR ROY Vs. THAKUR DALIP SINGH

JUDGEMENT

(1.) THIS appeal has been filed by an insolvent person under the provisions of Section 75 (3) of the Provincial Insolvency Act. It is directed against an order of the District Judge by which he has held that the income received by the insolvent was not exempted under Section 60 (1), proviso (h) of the Code of Civil Procedure, from attachment for the purpose of paying the insolvent's debts. The learned Judge has further held that an amount of Rs. 15/- per month should be utilised for the purpose of satisfying the insolvent's debts and this amount should be remitted by his employer to the Insolvency Court for the purpose of distribution to the creditors, who have proved their debts. The insolvent has come up in appeal against this order and the only point that has arisen for consideration is whether the earnings of the appellant is exempted under Section 60 (1), proviso (h). The proviso runs thus: