GURDEEP SINGH Vs. BALBIR SINGH AND OTHERS

JUDGEMENT

(1.) Gurdeep Singh, legal representative of Gurmail Singh, judgment debtor, has approached this Court for setting aside the order dated 22.1.2007 (Annexure P4), passed by the Additional Civil Judge (Senior Division), acting as the Executing Court, Samrala, District Ludhiana, whereby the objections, raised by the petitioner that the residential house inherited by him, being exempted under Section 60(i)(ccc) CPC, cannot be attached, were rejected. The said order was made subject matter of appeal and the Court of Additional District Judge (Fast Track Court), Ludhiana, vide its order dated 12.2.2009 (Annexure P6), upheld the order under appeal (Annexure P4). Thus, the objections, raised by the petitioner, were rejected.

(2.) The judgment of the trial Court (Annexure P1) was assailed by father of the petitioner by filing an appeal. Respondent No. 1 had also filed cross-objections. Vide its judgment dated 25.1.2002 (Annexure P2), the Court of District Judge, Ludhiana, while upholding the judgment of the trial Court (Annexure P1), had dismissed the appeal of Gurmail Singh, father of the present petitioner and cross-objections filed by plaintiff/respondent No. 1.

(3.) Respondent No. 1, being a decree holder, filed an execution petition. An objection petition was filed, wherein it was pleaded that the objector has got only residential house and there is no other house to reside in with the family. Therefore, the same cannot be attached.