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1958 Supreme(All) 15

R.N.GURTU, D.N.ROY
DWARKA PRASAD – Appellant
Versus
MUNICIPAL BOARD, MEERUT – Respondent


Advocates Appeared:
Jagnandan Lal, LALJI SINHA

R. N. GURTU, J.

( 1 ) THIS is a civil revision under Section 25 of the Small Cause Courts Act brought by a judgment-debtor. The opposite party to this revision had obtained a money decree against the judgment-debtor in 1945. In or about the year 1951 he sought to execute this decree by attachment and sale of a tractor belonging to the judgment-debtor. The judgment-debtor sought protection from, attachment of the tractor in question under Clause (b) of the Proviso to Section 60 (1) of the Code of Civil Procedure. The Small Cause Court refused to give him the protection and held that the tractor was not exempt from attachment. The Small Cause Court also held that the judgment-debtor was not an agriculturist. It rejected the objection of the judgment-debtor with costs.

( 2 ) HENCE the judgment-debtor has come up by way of civil revision under Section 25 of the small Cause Courts Act. Before we quote Sub-clause (b) of the proviso to Section 60 (1) of the code we might state that it is admitted that the judgment-debtor was carrying on mechanised farming in a farm of roughly 1,200 bighas. It is also admitted that the principal source of livelihood of the judgment-debtor is now agricultur















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