Code of Civil Procedure 1908 Ss. 2 (2) and 60(1) (ccc). Residential house exempt from attachment and sale in execution of court decree-Collector whether competent to order attachment and sale of residential house under Land Revenue Recovery Act. Punjab Land Revenue Act 1887. Liquor vendor-Failure to pay licence fee-Recovery initiated under - Land Revenue Recovery Act-Collector if could order attachment and sale of residential house. = Section 60 of the Code has no application to attachment and sale in any proceedings other than in execution of a decree of a civil court. It applies only to execution of a decree of civil court. It declares what properties are liable to be attached and sold in execution of such a decree and the proviso to sub-section (1) of section 60 sets out the properties which are not' liable to such ' attachment or sale. The expression such attachment or sale" in the proviso refers to the attachment and sale mentioned in sub-section (I) of section 60, that is to attachment and sale in execution of a decree of a civil court. The section does not apply to an attachment and sale under any other statute unless made expressly applicable thereto. -2015 S.C.(1983) msklawreports
Code of Civil Procedure 1908 Ss. 2 (2) and 60(1) (ccc). Residential house exempt from attachment and sale in execution of court decree-Collector whether competent to order attachment and sale of residential house under Land Revenue Recovery Act. Punjab Land Revenue Act 1887. Liquor vendor-Failure to pay licence fee-Recovery initiated under - Land Revenue Recovery Act-Collector if could order attachment and sale of residential house. =
Section 60 of the Code has no application to attachment and sale in any proceedings other than in execution of a decree of a civil court. It applies only to execution of a decree of civil court. It declares what properties are liable to be attached and sold in execution of such a decree and the proviso to sub-section (1) of section 60 sets out the properties which are not' liable to such ' attachment or sale. The expression such attachment or sale" in the proviso refers to the attachment and sale mentioned in sub-section (I) of section 60, that is to attachment and sale in execution of a decree of a civil court. The section does not apply to an attachment and sale under any other statute unless made expressly applicable thereto. -2015 S.C.(1983) msklawreports