S.60(1)(c) CPC: Decree With Statutory Charge Over Property Akin To A Charge Decree

Case: Binoy Kurian v. Varkey Joseph

Coram: Justice A Badharudeen

Case No.: OP(C) NO. 2004 OF 2018

Court Observation: “There is no reason to differentiate a charge decree and a decree where statutory charge is created while considering exemption provided under Section 60(1)(c) of CPC Thus, without much ado, it can be held that a decree where there is a statutory charge over the property is akin to a charge decree.” “When there is patent illegal order and is put under challenge, it cannot be said that the same is merged with a subsequent order passed by the court, that too, when the subsequent order is put under challenge by the judgment debtor also.”

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