🔰 Property Liable to Attachment and Sale in Execution of Decree - Section 60 CPC 🔰

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1️⃣ General Rule

Under Section 60(1) CPC, all saleable property belonging to the judgment-debtor (JD)—whether movable or immovable, whether held individually or jointly—is liable to attachment and sale in execution of a decree.

This includes:

Lands, houses, buildings

Goods, cash, bank accounts

Shares, debts, actionable claims

Salary (subject to limitations)

Movable assets like vehicles, jewellery, etc.

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2️⃣ Property Liable to Attachment

The following properties can be attached and sold:

A. Immovable Property

Houses, buildings, land

Rights or interests in land (leasehold rights, etc.)

B. Movable Property

Money, bank balances

Vehicles, stocks, furniture

Livestock, agricultural produce

Shares, securities, bonds

Debts due to JD

Actionable claims

C. Salary

Salary is attachable only to a limited extent:

First ₹1,000 + two-thirds of the remainder is exempt

Only one-third of salary is attachable (after basic exemptions)

Special rules apply for maintenance decrees

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3️⃣ Property NOT Liable to Attachment

Section 60(1) includes a proviso listing properties exempt from attachment. These include:

A. Essential and livelihood items

Necessary wearing apparel

Bedding

Tools of artisans

Books of account

Implements of husbandry

Tools necessary for livelihood

Houses of agriculturists

Agricultural land of agriculturists (in many states)

B. Salary (certain portion)

First ₹1,000 and 2/3rd remainder is exempt (for ordinary decrees)

Full salary exempt after 24 months of continuous attachment

C. Stipends and pensions

Pension, gratuity, provident fund

Allowances of military/naval/air force personnel

Political pensions

D. Insurance and retirement-related funds

Provident fund

Compulsory deposit schemes

Government annuities

E. Personal property

Right of personal service

Personal pay and allowances of public servants

Tools and materials needed for professional practice

F. Others

Wages of labourers and domestic servants

Portions of salary under conditions (as above)

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4️⃣ Object of Section 60

To protect the basic means of livelihood of the JD.

To allow execution without depriving JD of survival necessities.

To balance creditor’s rights and debtor’s protection.

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5️⃣ Case Law

✨ State of Punjab v. Kailash Nath (1989)

Salary attachment must follow the statutory limits strictly.

✨ Union of India v. Jyoti Chit Fund (1976)

Provident Fund is absolutely exempt from attachment.

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❇️ Quick Revision Line

Section 60 CPC: All saleable property of the judgment-debtor is attachable except items essential for livelihood, pensions, provident fund, necessary tools and protected salary portions.

🔰 Private Alienation of Property After Attachment to be Void – Short Notes (CPC, S. 64) 🔰

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🔥 General Rule:

Once a property has been attached by a Court in execution of a decree, the judgment-debtor cannot transfer or create any interest in that property.

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🔥 Effect of Transfer:

Any private sale, gift, mortgage, lease or other alienation made by the judgment-debtor after the attachment is void against all claims enforceable under the attachment.

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🔥 Purpose of the Rule:

To prevent the judgment-debtor from defeating the execution proceedings by transferring the property and frustrating the rights of the decree-holder.

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🔥 Operates Automatically:

The prohibition applies from the date of attachment, regardless of whether third parties were aware of the attachment.

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🔥 Exception – Registered Contracts (Proviso):

A transfer is not void if:

It is made in pursuance of a contract entered into before the attachment, and

The contract was registered before the date of attachment.

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🔥 Effect on Third Parties:

Purchasers from the judgment-debtor acquire no title against the decree-holder; the decree-holder can continue execution.

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🔥 Public Policy Consideration:

Ensures that court processes are not defeated by fraudulent or collusive transfers.

🔰 Resistance to Execution – Short Notes (CPC, O.21 R.97–103) 🔰

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1️⃣ Meaning

When the decree-holder or auction purchaser is obstructed or resisted while obtaining possession of property in execution, it is termed resistance to execution.

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2️⃣ Who Can Complain? (R.97)

The decree-holder or purchaser may apply to the executing court if:

They are resisted or

Obstructed by the judgment-debtor or any other person.

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3️⃣ Court’s Duty (R.97 & R.98)

Court must:

Adjudicate the complaint.

Determine the rights, title and interest of the parties.

If resistance is without just cause, court orders:

Removal of obstruction

Delivery of possession

Possibly detention of the obstructing party.

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4️⃣ Bona Fide vs. Mala Fide Obstructor

If obstruction is without legal right → court removes them and may impose costs or detention (R.98).

If obstruction is by a person claiming independent rights (e.g., tenant, purchaser) → court must decide their claim (R.99–101).

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5️⃣ Remedy of Third Party Dispossessed (R.99)

A person dispossessed other than the judgment-debtor may apply to the executing court to be restored to possession.

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6️⃣ Scope of Enquiry (R.101)

The executing court decides all questions of right, title or interest related to the property.

No separate suit shall lie → i.e., executing court’s decision is final.

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7️⃣ Bar to Fresh Suit (R.103)

Orders under Rules 98, 99 & 101 have the force of a decree.

No separate civil suit is allowed → remedy only by appeal, not a fresh suit.

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8️⃣ Objective of the Provision

To prevent:

Delays in execution

Filing of fresh suits

To ensure that execution proceedings are effective and final.

🔰 Power of Court to Issue Commissions – Short Notes (CPC) 🔰

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1️⃣ Meaning

A commission is an order by which the Court appoints a person (Commissioner) to perform certain judicial functions such as local inspection, examination of witnesses, taking accounts, etc.

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2️⃣ Statutory Basis

Section 75 CPC gives the Court general power to issue commissions.

Order 26 contains detailed procedural rules.

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3️⃣ Purposes for Which Commission May Be Issued

Under Section 75, the Court may issue a commission for:

⭐️ Examining witnesses

⭐️ When witness is unable to attend, or to save expense or delay.

⭐️ Local investigation

⭐️ To ascertain matters like boundaries, physical conditions, possession, easements, etc.

⭐️ Examination or adjustment of accounts

⭐️ Useful in partnership suits, mortgage suits, mesne profits, etc.

⭐️ Partition of immovable property

⭐️ Commissioner prepares a partition plan.

⭐️ Scientific, technical or expert investigation

e.g., fingerprint analysis, valuation, engineering inspection.

⭐️ Performance of ministerial acts

Such as sale of property, delivery of property, or other procedural tasks.

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4️⃣ Discretion of Court

Grant of a commission is not a matter of right; it is at the discretion of the Court.

Court considers:

Interests of justice

Convenience

Avoiding delay and costs

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5️⃣ Duties and Powers of Commissioner

Must act within terms of the order.

Has authority to:

Record evidence

Make measurements

Prepare reports or plans

Must submit a signed report to the Court (O.26 R.10).

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6️⃣ Report of Commissioner

Commissioner’s report has evidentiary value.

It is not binding on the Court, which may:

Accept it

Reject it

Order a fresh or additional commission

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7️⃣ Commission to Foreign Court (S.78)

Indian courts may issue commissions to foreign courts for examination of witnesses outside India.

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8️⃣ Purpose / Object

To facilitate effective adjudication.

To obtain accurate and technical information.

To expedite trial and reduce unnecessary complications.

🔰 Letter of Request – Short Notes (CPC) 🔰

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1️⃣ Meaning

A Letter of Request is a formal request sent by an Indian court to a foreign court or authority to perform a judicial act such as recording evidence when the witness is outside India.

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2️⃣ Legal Basis

Section 78 CPC – empowers Indian courts to issue commissions to foreign courts.

Order 26 Rules 19–22 – provide the procedure for sending a letter of request.

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3️⃣ Purpose

Used when a witness:

Resides abroad,

Cannot be compelled to attend Indian court, or

When it is costly, inconvenient or impractical to summon them to India.

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4️⃣ What the Letter Contains

Usually includes:

The questions to be answered,

Authority to record evidence on oath,

Directions to transmit evidence back to the issuing court.

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5️⃣ Execution

The foreign court records the evidence (either orally or by written interrogatories) and sends:

The deposition,

Documents, and

Certificate of execution back to the Indian court.

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6️⃣ Use of the Evidence

The evidence recorded abroad is treated as if recorded by the Indian court (subject to objections on admissibility).

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7️⃣ Reciprocity

Letters of request can also be received by Indian courts from foreign courts.

Indian courts then act as a commissioner for the foreign court (O.26 R.20).

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8️⃣ Object

Facilitates cross-border evidence collection,

Avoids delay and heavy expenses,

Ensures effective adjudication in cases involving international witnesses or documents.

🔰 Suits by or Against Government – Short Notes (CPC) 🔰

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1️⃣ Parties to the Suit (S.79)

When the Central Government is sued → the suit is filed in the name of the Union of India.

When a State Government is sued → the suit is filed in the name of the State (e.g., State of Maharashtra).

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2️⃣ Notice Before Suit (S.80)

✨ Mandatory notice must be given:

To the Secretary to the Government of India (for Union), or

State’s Secretary / Collector (for State).

✨ Notice period: 2 months before filing the suit.

✨ Must state:

Cause of action,

Relief claimed,

Name, description, place of residence of plaintiff.

✨ Exception:

Court may allow a suit without notice in urgent cases seeking immediate relief, but must give government reasonable opportunity to respond.

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3️⃣ Procedure When Government is a Party (Order 27)

Process must be served on:

Government Pleader or

Officer appointed for receiving notices.

Time for filing written statement is usually extended (up to 3 months).

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4️⃣ Government Pleader (O.27 R.8B)

Represents the Government in all suits.

Court must give reasonable time to Government Pleader for instructions.

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5️⃣ No Personal Appearance Required (O.27 R.5)

Government officers need not appear personally unless court directs otherwise.

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6️⃣ Execution of Decree Against Government (S.82)

No arrest of Government officers.

No attachment of Government property.

Decree can be executed only after:

3 months from the date of decree.

Decree is satisfied through payment from government funds.

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7️⃣ Special Protection

Court may not pass:

Ex parte decrees easily,

Orders without giving government enough opportunity.

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8️⃣ Rationale

To ensure:

Protection of public revenue,

Proper representation of government,

No disruption of administrative machinery.

🔰 Exemption from Arrest and Personal Appearance – Short Notes (CPC) 🔰

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1️⃣ Exemption from Arrest in Civil Cases (Section 56 & Section 135)

Certain persons cannot be arrested in execution of a civil decree.

Women are absolutely exempt from arrest in execution of a decree for money (S.56).

Under Section 135, the following persons are exempt from arrest:

Judges, Magistrates and other judicial officers,

Members of Parliament or State Legislatures during sessions,

Persons going to, attending or returning from court.

Purpose: to ensure performance of public duties and dignity of office.

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2️⃣ Exemption From Personal Appearance in Court (Section 132)

Certain persons are not required to personally appear in court:

Women who, according to the customs of the country, ought not to appear in public (Pardanashin women).

High-ranking officials, such as:

President & Vice-President,

Governors,

Judges of Supreme Court/High Courts,

Ministers and other dignitaries (under relevant laws/customs).

Court issues commission to record their evidence instead of calling them to appear.

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3️⃣ Exemption for Public Officers (Section 133)

Court may dispense with personal attendance of public officers if:

Their presence is not essential, and

They cannot attend due to official duties.

Court can:

Take evidence by commission, or

Permit filing of an affidavit.

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4️⃣ Reason / Object

To protect:

Dignity of office,

Public interest,

Essential governmental functions,

The modesty of women (in certain communities).

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5️⃣ Key Points to Remember

Exemption is not absolute; court may require attendance if necessary.

These exemptions apply only to civil proceedings, not criminal proceedings.

Court must balance privilege vs. justice.

🔰 When Aliens May Sue – Short Notes (CPC) 🔰

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1️⃣ General Rule

An alien (a person who is not a citizen of India) has the same right to sue as a citizen if he is not an enemy.

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2️⃣ Alien Friends

An alien friend (citizen of a country at peace with India):

May sue in Indian courts.

May be sued in India.

Their rights are similar to that of Indian residents, subject to ordinary jurisdictional rules.

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3️⃣ Alien Enemies

An alien enemy (citizen of a country at war with India):

Cannot sue in Indian courts without permission of the Central Government.

Rationale:

Prevents judicial system from aiding enemies of the State during hostilities.

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4️⃣ Residency Factor

An alien enemy who is residing in India with government permission is usually treated as an alien friend → can sue.

If residing without permission, cannot sue.

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5️⃣ Suits Against Aliens

Aliens, whether friend or enemy, may be sued in India if:

Cause of action arises in India, or

They reside or carry on business in India.

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6️⃣ Underlying Principle

Based on:

International comity,

Equality before law,

Public policy during wartime.

🔰 When Foreign States May Sue – Short Notes (CPC, Section 84) 🔰

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1️⃣ Right of Foreign States to Sue

A foreign State may sue in an Indian court, but only with the consent of the Central Government.

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2️⃣ Form of Consent

Consent must be:

Prior,

In writing, and

Given by the Central Government.

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3️⃣ Who May Institute the Suit

The suit is filed in the name of the Ruler of the foreign State, or such person as the State authorises.

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4️⃣ Nature of Suits Allowed

Foreign States may sue for matters such as:

Enforcement of civil rights,

Property disputes,

Contractual disputes,

Commercial transactions.

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5️⃣ Rationale Behind Requiring Consent

To maintain:

International relations,

Diplomatic courtesy,

Governmental control over inter-state litigation.

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6️⃣ Foreign State May Also Be Sued (S.86)

A foreign State cannot be sued in India without Central Government consent.

This reflects reciprocal sovereign immunity principles.

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❇️ Key Points to Remember

Consent of Central Government is mandatory for suits by foreign States (S.84) and against foreign States (S.86).

Ensures that Indian courts do not become forums for international political disputes.

Protects diplomatic relations and sovereignty.

🔰 Where Interpleader-Suit May Be Instituted – Short Notes (CPC) 🔰

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1️⃣ Meaning of Interpleader Suit (S.88 & O.35)

Filed by a person who holds money or property but does not claim any interest in it,

And two or more persons make rival claims to that property.

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2️⃣ Place Where Interpleader Suit Can Be Filed

An interpleader suit must be filed in the court that has jurisdiction over:

(a) The Subject-Matter of the Property

The property or money in dispute must be within the territorial jurisdiction of the court.

(b) The Defendant(s)

The defendants (the rival claimants) must be:

Residing, or

Carrying on business, or

Personally working for gain within the court’s local limits, or

The cause of action must arise there.

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3️⃣ Governing Provisions

No special rule is fixed only for interpleader suits.

Hence, ordinary rules of jurisdiction under Sections 15–20 CPC apply, namely:

Court with pecuniary jurisdiction,

Court with territorial jurisdiction,

Court where cause of action arises.

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4️⃣ Key Principle

Since the plaintiff has no claim to the property, jurisdiction depends on:

Where the claimants reside, or

Where the dispute regarding the property would ordinarily be tried.

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5️⃣ Shortcut to Remember

“Interpleader suits lie where an ordinary suit concerning the same property would lie.”