TEK CHAND
Punjab Mercantile Bank Ltd. , (In Liquidation), Jullundur City – Appellant
Versus
General Typewriter Co. – Respondent
Tek Chand, J.
1. On 23rd November, 1956, payment order was passed in favour of the Punjab Mercantile Bank Limited (in liquidation) and the judgment-debtors were ordered to pay a sum of Rs. 2578.44 nP. Execution was taken out and the house of the judgment-debtors situated at Jullundur City was attached. Objections were made to the attachment on the ground that the execution application filed by the decree-holder was barred by time and that the house which had been attached could not be sold in view of Section 60(ccc) of the Code of Civil Procedure as it being a residential house was exempt from attachment and sale. It was staled that the judgment-debtors had no other house for the purposes of their residence. The following issues were framed:-
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1. Is the attached house not liable to sale in view of Section 60(1), Civil Procedure Code?
2. Is the execution application barred by lime?
2. Patties have led evidence. The arguments have been confined in this Court to the first issue. The second issue as to limitation has not been pressed. Shri Dharam Pal Sehgal, judgment-debtor appeared as his witness and deposed that he and his father were judgment-debtors. They and the other mem
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