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

 

Meaning of ‘Attachment’

• Attachment refers to the legal process by which a court seizes the property of a judgment debtor to satisfy a decree.
• It is governed by Order XXI of the Code of Civil Procedure (CPC), 1908 and ensures the execution of a court’s judgment by enforcing a claim against the debtor’s assets.

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Properties That Cannot Be Attached During Execution of Decree

Under Section 60(1) of the CPC, 1908, certain properties are exempt from attachment to protect the judgment debtor from excessive hardship. These include:

1. Necessary Residential and Personal Items

• House and buildings owned by agriculturists, laborers, or domestic workers, if occupied by them.
• Tools of artisans necessary for livelihood.

2. Income and Earnings

• Salary and wages of government employees, defense personnel, and private employees up to a limit specified by law.
• Stipends, pensions, and gratuities of retired employees.
• Compensation for injuries or wrongful acts (e.g., accident compensation).

3. Livelihood and Professional Equipment

• Agricultural tools, seeds, and cattle necessary for farming.
• Books of professionals such as lawyers, doctors, and teachers required for their practice.

4. Trust and Religious Property

• Property belonging to charitable trusts, religious institutions, or public welfare organizations.

5. Government Property

• Assets owned by the Central or State Government that are used for public purposes.

6. Life Insurance and Provident Funds

• Life insurance policies and provident fund amounts before they are paid to the debtor.

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Conclusion

While attachment is an important mechanism for executing court decrees, the law protects certain essential properties to prevent undue hardship. The exemptions under Section 60 CPC ensure that debtors retain necessary means for survival and livelihood.