Supreme Court: Section 60(1)(ccc) CPC Residential Exemption is Personal to Judgment-Debtor, Unavailable to Legal Heirs
Table of Contents
- Supreme Court: Section 60(1)(ccc) CPC Residential Exemption is Personal to Judgment-Debtor, Unavailable to Legal Heirs
- Case Title: SHEELA GEHLOT Versus MOHINI HARDAYAL SINGH & ORS.
- Case No. CIVIL APPEAL NO. 182 OF 2016
- Coram: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe
- Court Obervation
Case Title: SHEELA GEHLOT Versus MOHINI HARDAYAL SINGH & ORS.
Case No. CIVIL APPEAL NO. 182 OF 2016
Coram: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe
Court Obervation
“…the plea of exemption under Section 60(1)(ccc) of the Code is personal to the judgment-debtor and is not available to be raised by his legal representatives.”
“The Delhi High Court interpreting Section 60(1)(ccc) of the Code has held that a legal representative is a distinct juridical concept from judgment debtor and liability devolving upon legal representative is limited to the estate in his hands and he cannot, merely by virtue of residing in a house which belonged to the deceased judgment debtor, claim personal exemption that Section 60(1)(ccc) of the Code affords to a judgment-debtor alone. The same view has commended itself to the Punjab & Haryana High Court in two decisions. Thus, the plea of exemption under Section 60(1)(ccc) of the Code is personal to the judgment-debtor and is not available to be raised by his legal representatives.”
https://api.sci.gov.in/supremecourt/2009/18149/18149_2009_4_1502_73322_Judgement_14-Aug-2026.pdf
Supreme Court: Section 60(1)(ccc) CPC Residential Exemption is Personal to Judgment-Debtor, Unavailable to Legal Heirs
