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Judgment
Heard.
This Civil Revision Petition is directed against the order in IA No.1114 of 1998 in OP No.600 of 1995 refusing permission to withdraw an amount of Rs.25,000/- which is invested in Fixed Deposit in Vijaya Bank, Vizianagaram for the purpose of discharging the marriage debts of the petitioners'' eldest son.
The impugned order shows that the learned Judge perused the judgment in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum v. Sushma Thomas and others, 1994 (1) ALT 1 (SC), and came to the conclusion that the purpose for which withdrawal is sought for does not amount to emergency and not covered by Clause 8 of the guidelines formulated in this regard. Accordingly, he refused permission and hence this revision petition is filed.
R3 has entered appearance pursuant to the notice before admission.
Sri Gudapati Venkateswara Rao, learned Counsel for the revision petitioners strenuously contended that the petitioners had incurred debts for performing the marriage of their eldest son and they have no other source to discharge the same and hence this may be treated as emergency covered by Clause 8 of the above judgment and permission may be accorded to withdraw the said amount. If the contention that there is no other source of income for the petitioners is true, the above amount can be utilised for the discharge of the debts if any. It is understandable that the creditor will be entitled to proceed against the above amount if he has to file a suit for recovery of the debt from the petitioners. Since the above amount is not exempted u/s 60 CPC, there can be no legal hurdle for proceeding against the above amount by the creditor. In that view of the matter, it can be said that discharge of debts by the petitioners can be treated as emergent purpose as contemplated by Clause 8 of the guidelines. Hence, this revision petition is fit to be allowed.
In the result, the Civil Revision Petition is allowed and the impugned order is set-aside and the IA No.1114 of 1998 stands allowed. The petitioners will be entitled to withdraw the amount under FDR together with interest that has accrued thereon as on the date of withdrawal. There will be no order as to costs.