KIRAN BALA versus SURINDER KUMAR

KIRAN BALA versus SURINDER KUMAR

The effect of declaring the sale null and void was that the judgment-debtor continued as owner-in-possession. Therefore, she was entitled to claim exemption from attachment or sale under the State amendment to Section 60(1)(ccc) of the Code of Civil Procedure. The executing court erred in dismissing the objection petition, and the High Court was also wrong in dismissing the revision.

Parties
Appellant: Kiran Bala; Respondent: Surinder Kumar
Jurisdiction
India
Judgment Date
02 May 1996
Procedural Posture
Civil Appeal / Appeal Against Order of Punjab & Haryana High Court Rejecting a Revision Petition in Limine
Outcome
Appeal allowed
Legal Topics
Attachment and Sale in Execution, Exemption of Residential House From Attachment, State Amendments to Code of Civil Procedure
Civil Procedure Attachment and Sale in Execution Exemption of Residential House From Attachment State Amendments to Code of Civil Procedure

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Parties

Kiran Bala

Appellant

Surinder Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Punjab & Haryana High Court Rejecting a Revision Petition in Limine

Legal Issues

  1. 1 Whether the main residential house of the judgment-debtor in her occupation, declared as exempt under Section 60(1)(ccc) C.P.C. as applicable in Punjab, can be attached or sold in execution despite a prior fraudulent transfer being declared null and void.

Ratio Decidendi

The effect of declaring the sale null and void was that the judgment-debtor continued as owner-in-possession. Therefore, she was entitled to claim exemption from attachment or sale under the State amendment to Section 60(1)(ccc) of the Code of Civil Procedure. The executing court erred in dismissing the objection petition, and the High Court was also wrong in dismissing the revision.

Court Disposition

Appeal allowed

Orders

  • Orders of the executing court and High Court are set aside.
  • Objection of the appellant is sustained; the residential house cannot be attached or sold in execution of the decree.