ORDER :

1. This Civil Revision Petition has been filed, against the fair and decreetal order, dated 01.02.2014, made in EP.No.65 of 2010, by the Additional District Munsif, Madurai Town, in CD.No.172 of 2007, on the file of the Madurai Assistant Registrar of Chits, Madurai South.

2. The facts of the case, in a nutshell, are that the Petitioner is the decree holder and the Respondents are the judgment debtors. The suit was filed for recovery of money with interest and it was decreed on 11.03.2008. Since the Respondents failed to pay the decreetal amount, the above execution petition for attachment and sale of the Petition mentioned properties was filed against the Respondents 1 and 4 to 6, before the Additional District Munsif, Madurai Town and since it was dismissed, by the impugned order, this Civil Revision Petition has been filed by the decree holder.

3. The learned counsel for the Petitioner has submitted that by misconstruing the provisions of Section 60 of CPC, the court below erred in concluding that the schedule mentioned properties are exempted from attachment and that attachment and sale of the properties mentioned in the schedule ought to have been allowed, as they are not exempted from attachment and sale, under Section 60 of CPC and hence, the impugned order is liable to be set aside.

4. This Civil Revision Petition is of the year 2014. Pursuant to the order dated, 11.01.2016 of this Court, directing the Respondents to pay batta within a specified time, since batta was not paid by the Respondents 1 to 3 and 5 to 7 within time, this Civil Revision Petition stood automatically dismissed as against them. When the matter is taken up today for consideration, there is no representation for the 4th Respondent.

5. This court heard the learned counsel for the Petitioner and also carefully perused the materials placed on record.

6. Since the impugned order was passed relying on Section 60 of CPC and is also assailed relying on the said provision, in order to ascertain as to whether the said provision was rightly understood by the court below, it is appropriate to extract the same as follows:-

7. Section 60 of CPC:- Property liable to attachment and sale in execution of decree:-

(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power, which he may exercise for his own benefit, whether the same be held in the name of the judgment- debtor or by another person in trust for him or on his behalf :-

Provided that the following particulars shall not be liable to such attachment or sale, namely:—

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;

(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;

(c) houses and other buildings with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment belonging to an agriculturist or a labourer or a domestic servant] and occupied by him;

(d) books of account;

(e) a mere right to sue for damages;

(f) any right of personal service;

(g) stipends and gratuities allowed to pensioners of the government or of a local auth