P A SHIVE GOWDA Vs. SYNDICATE BANK

JUDGEMENT

(1.) This appeal involves the question whether a motor tractor is an "implement of husbandary" of an agriculturist necessary to enable him to earn his livelihood within the meaning of proviso (b) to S. 60 of the CPC and is therefore exempt from attachment.

(2.) The appeal preferred by the judgment-debtor arises out of and is directed against the order dt.6-3-1976 in Execution No. 186 of 1974 on the file of the Court of the Civil Judge, Hassan, negativing this contention.

(3.) The decree-holder, the Syndicate Bank, Hassan, ithe first respondent herein, which held a money decree against the appellant and the second respondent, put the decree in execution in the said Execution 186 of 1974 and sought for the attachment, inter alia, of a motor tractor, Escort 37 bearing Reg No.3891. Show cause notice was served on the judgment-debtors. On 6-3-1973 Advocates appearing for the decree-holder and for the judgment-debtors were present in Court. However, the second judgment-debtor was absent. There is no indication in the order sheet that any objection was raised for the attachment of the tractor. The Court passed an order for attachment and sale of the tractor. It is this order that is questioned in this appeal.