P.K.BAHRI
BRIJ MOHAN ARORA – Appellant
Versus
BANK OF BARODA – Respondent
( 1 ) THIS execution first appeal has been presented to this Court by Shri Brij Mohan Arora-judgment debtor challenging the order dated August 26, 1985. of Shri J. D. Kapoor, Additional District Judge, by which he had dismissed the objection petition filed by the appellant challenging the attachment of house No. C-48, East Krishan Nagar, Delhi, in execution of money decree obtained by Bank of Baroda against the appellant and three other judgment debtors for recovery of Rs. 41,251/3 IP. with costs and future interest.
( 2 ). The case of the appellant in the objection petition was that the aforesaid house is his main residential house and was exempt from attachment in execution of the money decree in view of Section 60, Sub-section (1) Clause (ccc) of the Code of Civil Procedure, as applicable to the Union Territory of Delhi. The aforesaid clause had been introduced by the Punjab State by Amendment Act of 1942 made under Section 35 of the Punjab Relief of Indebtedness Act, 1934, which has been extended to Delhi. The Clause (ccc) reads as follows:
"one main residential house and other buildings attached to it (with the material and sites thereof and the land immediately
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