Enumerate the various properties which are exempt from attachment in execution of decree under the Code of Civil Procedure.

Question: Enumerate the various properties which are exempt from attachment in execution of decree under the Code of Civil Procedure.

Find the answer to the mains question only on Legal Bites. [Enumerate the various properties which are exempt from attachment in execution of decree under the Code of Civil Procedure.]

Answer

The proviso to Section 60 declares what properties are not liable to be attached in execution of a decree of civil court. The following properties among others are not liable to attachment or sale. The exemptions listed in the proviso are cumulative and the judgment-debtor may claim the benefit of more than one clause if he is qualified to do so.

Following are the exemptions

(a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;

(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the code. (Section 61 empowers the state government to exempt agricultural produce from attachment or sale. This provision is intended to enable an agriculturalist to continue agricultural operations even after the execution of a decree).

(c) houses and other buildings belonging to an agriculturist or a laborer of a domestic servant and occupied by him;

(d) books of account ;

(e) a mere right to sue for damages ;

(f) any right of personal service ;

(g) stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer.

(h) the wages of laborers and domestic servants, whether payable in money or in-kind;

(i) salary to the extent of the first one thousand rupees and two-thirds of the remainder in the execution of any decree other than a decree for maintenance :

(ia) one-third of the salary in the execution of any decree for maintenance;

(j) the pay and allowances of persons to whom the Air Force Act, 1950 or the Army Act, 1950 or the Navy Act, 1957 applies;

(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, for the time being, applies in so far as they are declared by the said Act not to be liable to attachment;

(ka) all deposits and other sums in or derived from any fund to which The Public Provident Fund Act, 1968 for the time being, applies, in so far as they are declared by the said Act as not to be liable to attachment;

(kb) all money payable under a policy of insurance on the life of the judgment debtor;

(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to the control of rents and accommodation apply;

(l) any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension;

(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;

(n) a right to future maintenance;

(o) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree, and

(p) where the judgment-debtor is a person liable for the payment of land-revenue, any movable property which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of such revenue.

By the amendment act of 1976, a new sub-section (1-A) has been inserted on the recommendation of The Law Commission, which now provides that any agreement to waive the benefit of any exemption under Section 60 shall be void.

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