Horwill, J.

1. The question in this appeal is whether the sale of the appellants house in execution of a money decree against him can be set aside on the ground that under Section 60(1)(c), Civil P. C, a house in the occupation of an agriculturist is exempted from attachment. The lower Court held that in view of the conduct of the appellant in not claiming his rights on two prior applications, first at the time when the property was attached, and secondly when the property was brought to sale, be cannot raise the objection now after the property has been brought to sale.

2. There can be no doubt that if a person during the course of execution proceedings does not raise an objection to the sale of property which, if raised, would prevent the property from being brought to sale, he is debarred by the principle of constructive res judicata from raising that same objection either in subsequent proceedings or at a subsequent stage in the same execution proceedings. The learned advocate for the appellant, however, seeks to distinguish this ease by contending that there is an absolute bar laid down in Section 60 (1) (c), Civil P.C., based on public policy which renders the sale of a