R. L. NARASIMHAM, C. J.

( 1 ) THIS is an appeal from the Judgment of the Additional Subordinate Judge of berhampur, dismissing an appeal filed against the judgment of the Munsif of berhampur, in an execution case, allowing the objection of the judgment debtor to the attachment of his residential house in view of the provisions of Clauses (b) and (c) of Section 60 of the Civil Procedure Code. The judgment debtor claimed to be an 'agriculturist and hence he sought for exemption under the said clauses of the civil Procedure Code.

( 2 ) THE sole point of law taken by Mr. Misra for the appellant is that the objection of the judgment debtor under Clauses (b) and (c) of Section 60, C. P. C. is barred by res judicata. A scrutiny of the records of Execution Case No. (E. P 7 of 1960) shows that on 15-3-62 the judgment debtor filed a petition describing it as one under section 47 read with Section 151, C. P. C. and objecting to the attachment and sale of the property on the ground that he was an agriculturist and that consequently Clauses (b) and (c) of Section 60, C. P. C. would be attracted. The executing Court registered a miscellaneous case (M. C. No. 60/1962) and issued notice to the d