• Civil Procedure Code, 1908 (V of 1908) S.  60(1) - Attachment of salary of the judgment debtor cannot be allowed for a period more than 24 months where such attachment is made in execution of one and the same decree - As salary of the petitioner has been attached and remittance therefrom is being made for the past more than 24 months, the petitioner is entitled to the relief claimed and his salary is liable to be exempted from attachment in the execution  proceedings.  (182) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  60(1)(ccc) - Legal heirs of the judgment debtors cannot seek release of their sole residential house from attachment by seeking protection under Section 60(1)(ccc) of CPC.  (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  60(1)(ccc) - Provides that one main residential house and other buildings attached to it belonging to the judgment debtors other than an agriculturist and occupied by him is also exempted - Protection under Section 60(1)(ccc) of the CPC is available to the judgment debtor and not to his heirs. (178) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  60(1)(i) - Moment the amount is credited to the SB account, it will lose the character of salary and the provision of Section 60(1)(i) CPC cannot apply. (183) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  60(c) - Suit for recovery of earnest money decreed - Liability qua the decretal amount was created by predecessor in interest of the petitioner - In reply to the objections, it was averred that the property in question has devolved upon the petitioner on death - Has not challenged that the property in question was not left behind by judgment-debtor under the agreement, the petitioner cannot escape liability of attachment or sale of the house in question by taking recourse to the provisions of Section 60 CPC in the present scenario. (183) P.L.R.

 


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