MOHD YAMIN Vs. RAM SWARAN SINGH

JUDGEMENT

(1.) Judgment Debtor (JD)-Mohd. Yamin has filed this revision petition under Article 227 of the Constitution of India impugning order dated 16.09.2005 (Annexure P-1) passed by the Executing Court thereby dismissing objections preferred by JD against attachment of his house in execution of money decree sought by respondent Decree Holder(DH)-Ram Swaran Singh.

(2.) Decree for recovery of Rs. 21,000/- with interest was passed in favour of DH against JD. In Execution petition, DH sought attachment and sale of house of the JD. JD, however, alleged that he is a carpenter and, therefore, his only residential house is not liable for attachment. Learned Executing Court has repelled this objection on the ground that the JD is not agriculturist, labourer or domestic servant whose house is exempted from attachment under Proviso (c) to Section 60 (1) of the Code of Civil Procedure (CPC). Feeling aggrieved, JD has filed this revision petition to assail the said order of the executing Court.

(3.) None appeared for the parties on 11.07.2013. In the interest of justice, case was adjourned for today i.e. 08.08.2013. Counsel for the parties were ordered to be informed by the office. Accordingly, counsel for the parties have been informed by the office, but in spite thereof, none has appeared for the petitioner even today whereas counsel for respondent has appeared.