Q. Which properties are liable for attachment and sale in execution of a decree and which properties cannot be attached in execution of a decree? [MPCJ 2015]
Ans. Attachable and Saleable properties:- Section 60(1) of the CPC declares very widely the scope of such properties. The intendment is to ensure the executability of the decree. Under section 60(1) of the CPC, the enumerated properties may be put in two parts-
Specified category:- Land, houses, buildings, goods, money, banknotes, cheques, bills of exchange, Hun dies, promissory notes, Government securities, bond or securities for money, Debts, and shares.
General Category:- All other saleable property whether movable or immovable belonging to judgment debtor or over which he has a disposing power which he may execute for his own benefit. Instances of the saleable interest in the property is the equity right of redemption in mortgaged property, the Interest of partner in partnership assets etc.
Non-attachable properties:- A proviso appended to sec 60 (1) ranging from clauses (a) to (q) (18 Items) and sec 61 of the act is the source of such restriction on the attachability of the properties of the judgment debtor. The underlying rationale behind such exclusion is principle of necessity, to ensure subsistence and to protect the means of livelihood etc.
The necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children and also personal ornaments which has religious value.
Tools of Artisans, Implements’ of husbandry , such cattle or seeds of agriculturist as are necessary to earn his lively hood in the opinion of court, as well as such the portion of agricultural produce as exempted from attachment u/s 61 of CPC.
Houses and other buildings belonging and in occupation of an agriculturist, labourer and domestic servant.
Account book of judgment debtor.
A mere right to sue for damages because such right is not alienable. However, a decree or award for granting damages can be attached as it is transferable.
Right of personal service.
Stipends, gratuities allowed to pensioners including political pension.
Wages of labourers and domestic servants are wholly exempted from attachment.
Salary to the extent of first one thousand and also the 2/3rd of the remaining amount is exempted with respect to decrees other than for maintenance. And in case of decree for maintenance, it’s only 1/3rd of Salary which alone is exempted from attachment.
Pay and allowance of employees with respect to whom Army Act, Air force Act, and the Indian navy discipline Act applies. etc.