section 43 to 45,
VQ. 13. Enumerate the properties which are exempted
from attachment in the execution of money decree.
OR.
State those properties which cannot be attached and sold
in the execution of money decree ?
Ans. The modes of execution of money decree is to attach
and sell the property of judgment debtor. But the question arises
whether the property of any judgment debtor can be attached and
sold ? The answer to this question lies in Section 60 of the code.
Under Section 60, two types of properties have been mentioned:
(a) first, such types of properties which can be attached in
the execution of decree and
(b) second, those properties which cannot be attached in
the execution of decree.
(1) Properties which can be attached
Under Section 60(1)of the code, the following properties of
judgment debtor can be attached and sold in execution of money
decree.
(a) Land;
(b) House and other building;
(c) Articles;
(d) Bank notes;
(e) Bills of Exchange;
() Promissory notes;
(g)Mortgage deed;
(h) Shares of any corporation;
(i) Wealth;
53
The Code of Civil Procedure, 1908...
(i) Cheque:
(k) Hundies:
() Government securities;
(m) Other securities;
(n) Other saleable moveable and immoveable properties.
It is to be mentioned here that the property to be:
(i) saleable;
(ii) must be transferable;
(ii) of judgment debtor;
(iv) such that the benefits of using the power to consume.
not be
If any property is not legally transferable, then it can
attached (Belrex India Limited v. Singhal Electric Company
High Court
A.I.R. 1983, Dellhi 430). It has been decided by Delhi
transfer his tenancy
that under DelhiRent Control Act, no tenant can
Therefore, in execution
rights without the permission of the landlord.
of decree, the rented shop of tenant cannot
be attached in execution
of decree.
While in Brij Mohan Arora v. Bank
of Baroda (A.IR.
been given.
1988 Delhi 321), the contrary decision has
(2) Properties which cannot
be Attached
provision has been made of
Under proviso to Section 60(1), execution
neither attached nor sold in
such properties which can be
follows :
of decree. Such properties are as
necessary wearing clothing of the judgment debtor, his
(a) cooking meal, bed and
wife and children, utensils for
ornaments which no
bedding clothes and such personal
the custom of any
woman can keep aside according to
of marriage etc.
casteor religion e.g. Mangal Sutra, ring
farmer then his agricultural
(b) if the judgment debtor is
phaora etc.
implemeotse.g. plough, ox, seeds, khurpi,
judgment debtor is an artison, then tools of
(c) if the
artisonship.
agriculture which has been
(d) the portion of the produce of
54
Babel
kept as exempted from attachment and sale by state
governnent.
(e) the residential housc of farnmer, labourer and domestic
servant.
() Books of accounts.
(g) the mere right tosue for compensation.
(h) any right to ersonal service.
() such gratuities and pensions which have been given to
any salaried person or pensioners or any sum paid out
of pension funds at retirement which have been notified
by the state or central government in the official gazette
in this behalf.
(i) political pensions.
(k). remuneration of labourersand domestic servants, whether
it is payable in cash or in kind.
(1) in execution of any decree different from decree for
maintenance, salary upto Rs. 1000and two third of the
remaining salary.
(m) one third of salary in execution of decree for maintenance.
(n) the salaries and allowances of such persons upon whom
the Air Force Act 1950, Army Act 1950 and Navy Act
1957 apply.
(0) all savings and other deposits which have been compulsory
made which have been obtained from such fund upon
which employees provident fund 1952 applies and which
have been declared as non-attachable by that act.
(P) all deposits and other savings which have been obtained
from such fund upon which public Provident Fund Act
1968 applies and which have been declared as non
attachable by that act.
(q) money payable under the life insurance policy of the
judgment debtor.
(r) future right of maintenance.
The Code of Civil Procedurc, 55
1908......
(s) the interests of any patta holúer of any residential house.
(t) such allowance which is part of the emoluments of
any
cmploycc of Government, Railways, Local authority which
have bcen declared as non attachable by
the appropriate
government by notifying in the official gazette or any
subsistence allowance paid to the any employee at
time of suspension. the
(u) an expectancy of succession by
survivorship or other
3 merely contingent or possible right or interest.
() any such allowance which has been declared
non
attachable by any Indian law.
(w) if the judgment debtor is such person who is liable for
payment of land revenue then such moveable property
which is exempt from sale for recovery of land revenue
by any act in force at that time.
Thus the above properties have been declared as exempt from
attachment and sale in execution of any decree.
Explanation
A farmer means a person whose normal means of livelihood
is the only agriculture in the normal years. (Pukh Raj Ajay Raj
Oswal v. Parbhavanji, A.ILR. 1970 Rajasthan 108)
All electric motor pumps used for irrigation in agriculture are
agricultural implements (Narsingh V. Vaman Das, A.IR. 1980,
Madhya Pradesh 37).
Draughtsman is not a labourer. (Shivgyanam v. Ramlal Manik
Chand Jain, A.I.R. 1985, Karnatak 122)
Salary does not include dearness allowance and house rent
allowance (Kaushalya Devi v. Parveen Bankers, A.I.R. 1980,
Kerala 148)
Properties exempted from attachment
Anyresidential house of any rajmistari cannot be attached in
execution of any decree (Chela Ramaiyya v. Degu Guruvaiyya
A.I.R. 1989, Andhra Pradesh 56)
The gratuity amount received by any state pensioner cannot
56
Babel
be attached. Even it cannot be attached in case of execution
any of
order for maintenance. (M/s Rangamma v. C.S. Appaji Murti.
A.I.R. 1989, NOC 52 Karnataka)
The money received under life insurance policy is exemnt
from attachment completely (Federal Bank Limited v. Shrimati
Indira Devi Kunjamman, A.I.R, 1986, Bombay 101).
