Execution of Decree-- Attachment of Residential House -- Death of Judgment Debtor -- Exemption under Section 60(1)(ccc) CPC is personal to judgment debtor and not available to legal representatives
(i) Civil Procedure Code, 1908, S.60(1)(ccc) -- Attachment of Residential House -- Exemption Claimed by Legal Representative After Death of Judgment Debtor -- Exemption of a main residential house from attachment is personal to the judgment debtor and refers to a house belonging to and occupied by him. A legal representative is a distinct juridical entity from the judgment debtor, and liability devolving on him is limited to the estate in his hands. Mere residence in the inherited house does not entitle him to claim this personal exemption. (ii) Recovery of Debts and Bankruptcy Act, 1993, S.29 -- Attachment of Residential House -- Absence of Notice Under Order XXI Rule 22 CPC -- Once execution proceedings are transferred to the DRT under Section 31 of the Act, the Recovery Officer proceeds under Section 29 of the Act read with the Second Schedule to the Income-tax Act, 1961, and the requirement of notice under Order XXI Rule 22 CPC has no bearing on the validity of the auction sale.
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