In dealing with application for the attachment of livestock the attention of the Courts is drawn to the provisions of Paragraph (b) of the proviso to Section 60, Civil Procedure Code. The Courts must scrutinize with care all such applications and must be rigorous to prevent the attachment of cattle protected by that section. The section imposes upon the Courts an obligation to exercise their discretion in such a matter and the High Court will view seriously any case which comes to its notice in which that discretion has been evaded or exercise carelessly and negligently. Objection to the attachment of cattle on the ground that the cattle are not liable to attachment by virtue of Section 60 must be dealt with as early as possible and the High Court will not tolerate delay in dealing with such matters. District Judges at the time of inspection should check whether these instructions are being properly followed.
