Supreme Court hears appeal on residential property exemption claim
The case concerns a dispute over the auction sale of a residential property in Delhi, where the Supreme Court is determining whether the exemption from attachment under Section 60(1)(ccc) of the Code of Civil Procedure is personal to the judgment-debtor or can be claimed by his legal representatives.
Appellants: Sheela Gehlot (Auction-Purchaser), Punjab & Sind Bank, and Jagminder Singh (son of the judgment-debtor). Respondents: Mohini Hardayal Singh and others. Bench: Justice Alok Aradhe.
- The Court is hearing appeals against a High Court judgment that set aside the Debts Recovery Appellate Tribunal's decision and remitted the matter to the Debts Recovery Tribunal for a fresh inquiry.
- The core issue is whether the exemption under Section 60(1)(ccc) of the Code of Civil Procedure is personal to the judgment-debtor or available to legal representatives.
- The High Court had previously held that the omission of notice was a defect going to the root of jurisdiction but required a fact-finding inquiry regarding the exemption claim.
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Document details
| Official title | CPC | Residential Property Exemption u/s 60(1)(ccc) Is Personal To Judgment-Debtor; LR Can't Claim : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |