V. Srinivasan vs Padmasini Ammal

Panchapakesa Ayyar, J.—This matter has come up today for ""mention"". It is pointed out to me by the learned counsel for the petitioner that

the Government have, under the powers vested in them u/s 60(1)(1) exempted all allowances granted to Government servants to provide relief

against the increased cost of living, and that this will include ""deafness allowance"" paid to Government servants. This matter was not brought to my

notice at the time the civil revision petition was heard and decided, but it does not affect the order in the civil revision petition passed already, for

two reasons.

Firstly, the petitioner is not a Government Servant and cannot come u/s 60, C.P.C. Secondly, this is a decree for maintenance. u/s 60(1)(i) even

Government servants judgment-debtors do not get the same protection regarding decrees for main tenance as in the case of other decrees. Hence

there is nothing really, to be ""mentioned"" in this civil revision petition. The question whether in the case of a non-maintenance decree, non-

Government servants like this petitioner, should not get the advantage conferred on Government servants u/s 60(1)(1) on the basis of the

notification by the Government on grounds of justice, equity and good conscience, is left open for consideration in an appropriate case.