The protection of the main residential house under cl. (ccc) of S.60, Civil P.C., is only available to the judgment-debtor and does not pass on to the legal representative upon the judgment-debtor's death.

1. Messrs Basant Textiles. Abu Lane, Meerut (respondent) obtained a decree for the recovery of Rs. 23,363.05 against K.L. Bawa (petitioner) now deceased and represented by his widow Jagdish Rani from the Court of Ist Civil Judge, Meerut, on Mar. 12, 1977. The decree was transferred to the District Judge, Chandigarh, for execution purposes. In the execution proceedings, house No.70, Sector 18-A, Chandigarh, belonging to the judgement-debtor was attached. The judgement-debtor filed objections against attachment u/s.47, Civil Procedure Code, claiming the protection of cl. (ccc) under proviso to sub-sec.(1) of S.60, Civil P.C. The objection petition was dismissed by the executing Court vide order dt. Sept. 29, 1930, against which the present revision is directed.

2. The judgement-debtor died on Oct. 14, 1981. His widow Jagdish Rani has been allowed to be impleaded as his legal representative in C.M. No.63-CII of 1982.

3. The learned counsel for the respondent has argued that as a result of the death of the judgement-debtor on Oct. 14, 1981, the revision petition stands rendered infructuous. The contention of the learned counsel must prevail.

4. Cl. (ccc) to proviso to sub-sec.(1) of S.60, C.P.C., reads :-

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

(a), (b), (c) and (cc)............(ccc) one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgement-debtor other than an agriculturist and occupied by him; provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered."

5 The protection regarding one main residential house is only available to judgement-debtor under cl. (ccc) reproduced above.

6. S.2(10), Civil P.C., defines judgement-debtor and it reads :-

" judgement-debtor means any person against whom a decree has been passed or an order capable of execution has been made."

7. K.L. Bawa deceased was the judgement-debtor against whom the money decree was passed. The protection from attachment of one main residential house under cl. (ccc) was available to him in person. His widow Jagdish Rani being not a judgement-debtor cannot avail of the protection under cl. (ccc). The protection under cl. (ccc) which was available to K.L. Bawa, judgement-debtor (now deceased), therefore, came to an end with his death on Oct. 14, 1981. The protection under cl. (ccc) being available to the deceased in person would not pass on to his widow as his legal representative. Under these circumstances, there is no escape from the conclusion that the death of the judgement-debtor on Oct. 14, 1981, has rendered the present revision infructuous.

8. In the result, the revision fails and is dismissed with no order as to costs.Revision dismissed