ES कुर्की से क्या तात्पर्य है? एसी संपत्तियों की व्याख्या कोजिए जिन्हें डिक्रि के निष्पादन में कुर्क नहीं किया जा सकता ?

Meaning of 'Attachment'

Attachment is a legal process by which a court seizes or restricts the transfer of a debtor’s property to ensure the satisfaction of a decree. It prevents the judgment debtor from disposing of or hiding assets before the execution of the decree.

Attachment is mainly governed by Order 21 of the Civil Procedure Code (CPC), 1908, which provides the procedure and rules regarding the attachment of property for executing a court decree.

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Properties Which Cannot Be Attached During Execution of a Decree

Under Section 60(1) of CPC, certain properties are exempted from attachment to protect the basic rights and survival of the debtor and their dependents. These include:

1. Necessary Living Essentials

• Personal wearing apparel, cooking utensils, beds, and household items required for daily use.

2. Tools of Trade & Professional Equipment

• Any tools, books, or instruments necessary for the debtor’s profession, trade, or business (up to a reasonable limit).
• Example: A doctor’s medical equipment, a carpenter’s tools, or a lawyer’s law books cannot be attached.

3. Salary and Wages (Partially Exempted)

• Salaries of government and private employees up to a certain limit are exempted.
• Wages of laborers and domestic workers are fully protected.

4. Pensions and Provident Funds

• Pensions granted by government, military, and charitable institutions cannot be attached.
• Provident Fund (PF) amounts are also protected.

5. Government Allowances and Benefits

• Amounts received as stipends, gratuities, and allowances from the government, including compensation for injuries sustained in government service.

6. Property of Agriculturalists

• Implements of husbandry, seeds, livestock, manure, and agricultural produce of a farmer cannot be attached.
• Example: A farmer’s plough, tractor, or crop yield cannot be seized.

7. Right to Future Maintenance

• Any legal right to receive maintenance (for wife, children, or parents) is protected.

8. Benevolent Funds and Charitable Endowments

• Funds meant for religious or charitable purposes cannot be attached.
• Example: Money in a temple trust or a charity fund cannot be seized.

9. Public Offices and Salaries of Public Officers

• A person holding a public office (such as a judge, police officer, or government servant) cannot have their office or duties attached.

10. Property in Custody of the Court

• Any property under the court’s supervision in another case cannot be attached.

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Conclusion

While courts have the power to attach and sell properties for executing a decree, certain essential properties are protected from attachment under Section 60 of CPC. These exemptions ensure that individuals are not deprived of their basic means of livelihood, profession, and dignity while enforcing judicial decisions.