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Civil Procedure Code Assignment Section 60: Saurabh Misal Enrolment No. 2017 046

Section 60 of the Civil Procedure Code deals with the attachment of property in execution of a decree. It allows for the attachment and sale of all saleable movable and immovable properties belonging to or under the control of the judgment debtor. Certain properties are exempted from attachment such as necessary wearing apparel, cooking vessels, tools of artisans, implements of husbandry, and portions of wages, salaries and pensions. The primary purpose of attachment under this section is to notify the judgment debtor and public not to deal with the attached property pending the execution proceedings.

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271 views1 page

Civil Procedure Code Assignment Section 60: Saurabh Misal Enrolment No. 2017 046

Section 60 of the Civil Procedure Code deals with the attachment of property in execution of a decree. It allows for the attachment and sale of all saleable movable and immovable properties belonging to or under the control of the judgment debtor. Certain properties are exempted from attachment such as necessary wearing apparel, cooking vessels, tools of artisans, implements of husbandry, and portions of wages, salaries and pensions. The primary purpose of attachment under this section is to notify the judgment debtor and public not to deal with the attached property pending the execution proceedings.

Uploaded by

Saurabh Misal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Civil Procedure Code Assignment

SECTION 60

“The primary object of attachment of property under section 60 of CPC is to give notice to the
judgement debtor not to alienate the property to anyone as also to the general public not to purchase
or in any other manner deal with the said property, which is attached in the execution proceedings.”
Section 60(1) declares properties which are liable to be attached and sold in execution of a decree,
and which properties are exempted.
All saleable properties (movable or immovable) belonging to the judgement debtor or over which or
the portion of which he has a disposing power which he may exercise for his own benefit may be
attached or sold in execution of a decree against him.
Moreover, this section isn’t exhaustive.
The list as per the proviso clause to s.60(1) enlists properties such as:
- Necessary wearing apparel, cooking vessels, beds and beddings of the judgement debtor, his wife
and children, and also such personal ornaments as, in accordance with religious usage.
- Tools of artisans, implements of husbandry (where the judgement debtor is an agriculturist).
- House of agriculturists
- Books of account
- A mere right to sue for damages
- Any right of personal service
- Pensions and gratuities
- Wages of the labourers and domestic servants
- Salary to the extent of the first thousand rupees and two thirds of the remainder in execution of
any decree other than a decree for maintenance, one third in execution of decree of maintenance.
- Allowances where Air Force Act, Army Act or Navy Act applies.

Saurabh Misal
Enrolment No. 2017 046

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