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ANIL KSHETARPAL
Tarsem Singh – Appellant
Versus
Daljit Kaur – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
By this order, two connected Execution Second Appeals shall stand disposed of.
2. In section 60 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') the joint State of Punjab added Section 60 (1)(cc) and (ccc) which read as under:-
3. The appellant herein is the decree-holder for recovery of amount of Rs.8,70,000/-. The amount was borrowed by Sh.Hardev Singh, predecessor-in-interest of the respondents. However, before filing the suit, he died. Hence, the suit
The exemption of a residential house from attachment under Section 60(1)(ccc) CPC is valid if no evidence is presented to prove ownership of additional properties by the judgment-debtor.
The exemption for a residential house from attachment does not apply if the property is specifically charged with the debt sought to be recovered.
Exemption under Section 60(1)(ccc) of CPC does not apply to residential property specifically charged under a decree for specific performance.
Proceeds from a life insurance policy are exempt from attachment under Section 60(kb) of the CPC, and the decree-holder must prove inheritance of the property from the deceased.
The main legal point established is the maintainability of an execution petition under Order XXXIX Rules 1 & 2 CPC, guided by Section 36 CPC and previous judicial decisions.
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
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