A. GURUSAMY Vs. G. GNANASEKARAN

JUDGEMENT

(1.) THIS civil revision petition is filed against an order passed in E.P.No.7/2006 in O.S.No.120/2005 on the file of the District Munsif Court, Polur whereby the Executing Court refused to proceed against Item No.1 of the schedule property for realisation of the decretal amount on the ground that the said property being a house is not liable for attachment under section 60(c) of C.P.C. as the respondent/judgment debtor is a labourer whose property is exempted from attachment under the said provision.

(2.) HEARD both sides.

(3.) ON the other hand, it is the contention of the learned counsel appearing for the respondent that Item No.1 of the schedule mentioned property in the execution proceedings being a house property belonging to the respondent who is a labourer, cannot be proceeded under section 60(c) of C.P.C. and therefore, the court below has rightly rejected the claim of the decree holder to proceed against the said property.