virtue of which Clause (ccc) was introduced in Sub-section (1) of Section 60 of the Code, was a piece of beneficial legislation ... whereby Clause (ccc) was inserted in Sub-section (1) of Section 60 of the Code, is a beneficial piece of legislation meant
section 35 following section shall be substituted, namely:-
of Act VII of
1924.
Amendment ―35. In section 60 of the Code of Civil ... section 60 of the Code of Civil
Procedure, 1908 - In section 60 of the Code of Civil
Procedure, 1908-
(a) in sub-section
Section 60 belonging to a
judgment-debtor. Thus, there is a clear distinction
between the two clauses of sub-section (1) of
Section 60 ... section (1) of Section 60 but was a case
under clause (c) of sub-section (1) of Section 60
wherein protection in respect of attachment
apparently being used for tethering cattle and
as per Section 60(1)(ccc) of the CPC, the open spaces or enclosures
belonging ... attached. He filed the objections
under Section 47 of the CPC claiming the protection of Section 60(1)(ccc
Counsel for the DH has claimed that since protection of Section
60(1) (ccc) of CPC is not available to the legal heirs ... conspicuously missing in clause (c) of sub-section (1) of
Section 60 whereas clause (ccc) of sub-section (1) of Section 60
provides
from that of Section 60(1) of the Code of Civil Procedure. The spirit behind Section 60(1) (ccc) is to declare certain ... inserting Clause (cc) to Sub-section (1) of Section 60 of the Code of Civil Procedure. By. Clause (ccc), a debtor other than
same are devoid of any merit.
6. A perusal of Section 60(1)(ccc) of the Code shows that the protection from attachment ... same shall not be granted the protection postulated by Section 60(1)(ccc) of the Code. In this regard, the note made
subsection (1) of Section 60 but was a case under clause (c) of subsection (1) of Section 60 wherein protection in respect of attachment ... execution of the decree, under clause (ccc) of sub section (1) of Section 60 of the Code.
10. For the reasons stated above
residential property, which is exempted from
attachment in terms of Section 60(ccc) of the Civil Procedure Code.
Learned counsel appearing on behalf ... building used for
residential purpose and whether the provisions of Section 60(ccc) would
be applicable was taken up and the Court held
lower Court, JD filed objections under Section 47
read with amended provisions of Section 60 (1) (CCC) CPC, 1908, as
applicable to State ... cannot be attached being exempted
under amended provisions of Section 60 (1) (CCC) CPC, 1908, as
applicable to State of Punjab, Haryana
