PIARA SINGH Vs. BADAN SINGH

JUDGEMENT

(1.) This revision is directed against the order of the learned Subordinate Judge Ist Class, Kharar, dismissing objection petition of the judgment-debtor against the attachment of the house in question. The plea taken was that the house under attachment being the only residential house of the judgment-debtor was exempt from attachment under Section 60 of the Code of Civil Procedure. The executing court after recording evidence of the parties dismissed the petition with the finding that the judgment-debtor was proved to own two houses. On the finding recorded, obviously the petition could not be dismissed. The order of the learned Subordinate Judge, to say the least, betrays complete ignorance of the provisions of Section 60 of the Code of Civil Procedure. Even if the judgment-debtor owns two houses, unless it was found that the house in question was not in his occupation it could not be attached and sold in execution of the decree. As no finding either way in this regard has been recorded, the impugned order is set aside and the case is remanded to the Executing Court for disposal of the objection petition in the light of the above observation. The respondent being unrepresented, I make no order as to costs. The petitioner is directed to appear before the Executing Court on March 20, 1984.