Section 60 CPC identifies the property of a judgment-debtor that can be attached and sold in execution of a decree. It also specifies important exemptions protecting certain property from attachment.
- Section at a Glance
- Meaning of Section 60 CPC
- Property Generally Liable to Attachment
- Exempt Property
- Salary and Wages
- Agricultural Property and Livelihood
- Important Case Law
- Section 60 and Order XXI
- Practical Example
- Practical Importance in Civil Litigation
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 60 CPC |
| Subject | Property liable to attachment and sale |
| Nature | Procedural |
| Main purpose | Identifies attachable and exempt property |
| Related provisions | Sections 51, 61; Order XXI |
Meaning of Section 60 CPC
A decree can be enforced by attaching and selling property belonging to the judgment-debtor. Section 60 provides the basic statutory framework for determining what property may be subjected to execution.
The Section broadly covers property belonging to or over which the judgment-debtor has disposing power, while specifically excluding certain categories of property from attachment.
Property Generally Liable to Attachment
Subject to the statutory exemptions, property liable to attachment includes:
- Lands and houses.
- Goods and other movable property.
- Money and securities.
- Debts.
- Shares and other property interests.
- Other saleable property belonging to or legally disposable by the judgment-debtor.
The precise manner of attachment depends upon the nature of the property and the applicable provisions of Order XXI CPC.
Exempt Property
Section 60 protects certain property from attachment because of its importance to the judgment-debtor’s livelihood and basic necessities.
Important exemptions include, subject to the statutory conditions:
- Necessary wearing apparel.
- Necessary cooking vessels.
- Beds and bedding.
- Certain tools of artisans.
- Certain agricultural implements and cattle.
- A portion of the salary or wages of specified persons.
- Pension and certain other protected allowances.
- Certain personal service-related benefits.
- The residential house of an agriculturist, labourer or domestic servant, subject to the statutory conditions.
The exemptions are designed to prevent execution from depriving a judgment-debtor of basic means of livelihood.
Salary and Wages
Section 60 permits attachment of salary or wages only to the extent allowed by the provision.
A prescribed portion is protected from attachment, and special rules apply depending upon the nature and amount of the salary.
Therefore, a decree-holder cannot simply attach the entire salary of a judgment-debtor.
Agricultural Property and Livelihood
The Section gives special protection to certain property connected with agriculture and livelihood.
This reflects the policy that execution should satisfy legitimate decrees without unnecessarily depriving a person of the basic means required to earn a living.
Important Case Law
V. S. Reddy v. S. V. Reddy
The courts have repeatedly emphasised that the exemptions under Section 60 must be applied according to the statutory language. Property cannot be treated as exempt merely on the basis of a general claim of hardship.
The specific conditions attached to each exemption must be satisfied.
Section 60 and Order XXI
Section 60 establishes what property may be attached.
Order XXI provides the detailed procedure for attachment and sale.
Thus, both must be read together when dealing with execution proceedings.
Practical Example
A obtains a money decree against B. B owns a house, a vehicle and certain household articles.
The decree-holder cannot automatically attach everything owned by B. The executing court must determine which property falls within Section 60 and whether any statutory exemption applies.
Practical Importance in Civil Litigation
Before seeking attachment, a decree-holder should identify:
- The ownership of the property.
- Its nature.
- Whether it is saleable.
- Whether Section 60 exempts it.
- The applicable procedure under Order XXI.
For the judgment-debtor, Section 60 provides an important statutory basis for objecting to attachment of exempt property.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 60 is the principal provision dealing with property liable to attachment and sale.
- It contains both attachable property and statutory exemptions.
- Exemptions protect certain necessities and means of livelihood.
- Salary and wages are subject to specific limitations.
- Order XXI provides the detailed procedure for attachment and sale.
Important Questions to Prepare
- What property is liable to attachment under Section 60 CPC?
- What properties are exempt from attachment?
- Explain the protection available to salary and wages.
- What is the object of exemptions under Section 60?
- Explain the relationship between Section 60 and Order XXI CPC.
Key Legal Principles
- Section 60 determines the property that may be attached and sold in execution.
- The provision also protects specified property from attachment.
- Exemptions must satisfy the conditions prescribed by the Section.
- Attachment and sale must follow the procedure prescribed under Order XXI.
ALSO READ: Section 58 – Detention and Release
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 60 CPC |
| Main subject | Attachable property |
| Execution mode | Attachment and sale |
| Protection | Statutory exemptions |
| Salary | Partly protected |
| Procedure | Order XXI |
