NARSINGH Vs. KAMANDAS

JUDGEMENT

(1.) The reference to this Bench arises out of the execution proceedings pending in the Court of the III Civil Judge, Class II, Chhindwara, in Execution Case No. 165-A of 1969, which was initiated on the application of the decree-holderrespondents for the execution of their money decree against the judgment- debtor-appellant. The reference has arisen in the following manner.

(2.) An electric motor pump belonging to the judgment-debtor, which has been fitted in his well, situated in agricultural field for irrigating the field, and his cart have been attached on the application of the decree-holders-respondents by the said Executing Court. The judgment-debtor filed an objection to this attachment submitting that he was an agriculturist and the attached articles are the implements of husbandry which are necessary to enable him to carry on his agricultural operation and earn livelihood and as such the articles were exempted from attachment under proviso (b) to Sub-section (1) of Section 60 of the Code of Civil Procedure (hereinafter referred as 'the Code'). The Executing Court vide its order dated 20th July, 1974, holding that the attached articles cannot be said to be necessary to enable the judgment-debtor to earn his livelihood as an agriculturist rejected the objection relying on the decision of the Supreme Court in Appasaheb v. Bhalchandra AIR 1961 SC 589 and a decision of this Court in Mathurabai v. Kanhaiyalal AIR 1959 MP 375.

(3.) On an appeal against this order by the judgment-debtor in the Court of the Additional District Judge, Chhindwara, being Misc. Civil Appeal No. 20 of 1974, the order of the Executing Court has been upheld by the Additional District Judge vide his order dated 18-11-1974, and the appeal has been dismissed.