PT. VISHNU DATT Vs. JAI NARAIN AND ANR.

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent and is directed against the decision of a learned Single Judge of this Court affirming on appeal the decision of the District Judge. Rohtak which, in its turn, affirmed the decision of the executing Court.

(2.) ON the facts, there is not much controversy. Jai Narain, Respondent, obtained a money decree for Rs. 3,408/50 Paise against Vishnu Dutt, the present Appellant, on 26th August, 1958. In execution of that decree, the house in dispute was attached on 13th November, 1959. The judgment -debtor filed objections under Section 47 read with Section 60 of the Code of Civil Procedure, for the release of the house on the ground that the property was exempt from attachment and sale. It may be mentioned that no specific objection was taken that the house was his only residential house and thus was exempt from attachment and sale in view of the provisions of Section 60 of the Code of Civil Procedure. The objections filed by the judgment -debtor were resisted by the decree holder and accordingly the case was fixed for 8th October, 1960. On that date, the judgment -debtor was absent and his objections were rejected. The executing Court proceeded to sell the property. The property was sold by Court auction on 13th November, 1960. About a month thereafter, the judgment -debtor filed another application under Section 47 read with Section 60 of the Code of Civil Procedure on the allegation that the property in dispute was his sole residential house and as such was exempt from attachment and sale. This application was resisted by the decree -holder. On the pleadings of the parties, the trial Court framed the following issues:

(3.) THE sole contention of the learned Counsel for the judgment -debtor is based on Section 60, Clause (6) of the Code of Civil Procedure. This clause has been inserted in Section 60 by Punjab Acts Nos. XII of 1940 and VI of 1942, along with Clauses (3), (4) and (5) after Sub -clause (2) to that section. Sub -clause (6) is in the following terms: