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Section 61: Partial exemption of agricultural produce

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 60 All 158 Sections of Code of Civil Procedure Section 62

Legal Commentary & Landmark Judgments: Section 61

Section 61 empowers the State Government to declare partial exemption of agricultural produce from attachment or sale in execution of a decree.

  • Agricultural Exemption Power: State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce as may appear to be necessary for providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall be exempt from liability to attachment or sale in execution of a decree.
  • Agrarian Protection Policy: Prevents agricultural distress by insulating seed grain, cattle fodder, and subsistence food stocks from civil execution.
  • Binding on Executing Courts: Executing courts cannot attach agricultural produce covered by a Section 61 gazette notification.
Key Landmark Precedents:
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Referenced agrarian exemptions under Section 61 protecting rural cultivators from debt destitution.
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: Affirmed that Section 61 embodies socio-economic legislative policy protecting small farmers.
Courtroom Practice & Strategic Litigation Guidance:

When representing farmers in debt execution, cite Section 61 alongside Section 60(1)(p) to secure absolute exemption for standing crops, farm implements, and grain stores necessary for family subsistence.

Section 60 All 158 Sections of Code of Civil Procedure Section 62