What properties are liable to attachment and sale in execution decree?

Question: What properties are liable to attachment and sale in execution decree? [UPCJ 2015, CGJ 2003, MPCJ 2015]

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Answer

Section 60 (1) of The Code of Civil Procedure, 1908 provides properties that are liable to attachment and sale in execution of a decree, and which properties are exempt therefrom. All saleable property (movable or immovable) belonging to the judgment-debtor or over which or the portion of which he has a disposing power which he may exercise for his own benefit may be attached and sold in execution of a decree against him.

Section 60 states the following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, in money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds, or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf.

The section is not exhaustive Ramesh Himmatlal v. Harsukh Jadhavji, [AIR 1975 2, SCC 167]. Specific non-inclusion of a particular species of property under Section 60 is, therefore, not of any consequence if it is saleable otherwise.

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