Section 60: Property liable to attachment and sale in execution of decree

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Code of Civil Procedure, 1908 establishes the statutory charter of execution, defining property liable to attachment and sale while enacting vital socio-economic exemptions.

  • Negotiable Instrument Classification: Section 60(1) establishes that all saleable property—lands, houses, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, government securities, bonds, debts.
  • Core Legal Standard: Shares—belonging to the judgment-debtor, or over which they have a disposing power, are liable to attachment and sale in execution of a decree.

Section 60 provides a balanced execution charter, rendering property attachable while shielding essential personal belongings, tools of artisans, and subsistence wages from seizure.

However, the proviso to Section 60(1) enacts an exhaustive list of non-attachable properties to ensure basic human subsistence: (a) necessary wearing-apparel, cooking vessels, and bedding; (b) tools of artisans, implements of husbandry, and cattle necessary for livelihood; (c) houses and buildings of an agriculturist or domestic servant; (g) stipends and gratuities allowed to pensioners of the Government; (i) basic salary (first one thousand rupees plus two-thirds of the remainder are exempt in ordinary decrees); (ia) one-third of salary in maintenance decrees; (k) provident fund balances; and (m) an expectancy of succession by survivorship. Sub-section (1A) declares any private agreement waiving these exemptions to be void.

Key Landmark Precedents:
  • Union of India v. Jyoti Chit Fund & Finance, (1976) 3 SCC 607: The Supreme Court held that provident fund accumulations and pensions enjoy absolute statutory immunity from attachment under Section 60(1) proviso, which cannot be waived by the employee or overridden by courts.
  • Radhey Shyam Gupta v. Punjab National Bank, (2009) 1 SCC 376: The Supreme Court ruled that retiral benefits (pension, gratuity, provident fund) retain their statutory exemption under Section 60 even after being deposited in the pensioner's bank account.
  • M.P. State Road Transport Corpn. v. Manoj Kumar, (2016) 13 SCC 394: The Court affirmed that salary attachment must strictly adhere to the mathematical exemption formula prescribed in Section 60(1)(i).
Legal Commentary:

Section 60 balances the creditor's right to satisfaction against the debtor's constitutional right to dignified survival. Decrees cannot attach pension funds, provident funds, agricultural implements, or residential homesteads of farmers. Under *Radhey Shyam Gupta*, funds representing commuted pension or gratuity cannot be attached even when lying in savings bank accounts.