The property which is not liable to attachment and sale in execution of decree:
A. Government securities
B. Promissory Note
C. Books of Account
D. Bond
Answer: Option C
Solution (By Examveda Team)
Attachment and Sale of Property in Execution of DecreeWhen a court passes a decree for the recovery of money, the judgment debtor’s property can be attached and sold to satisfy the decree. However, certain properties are exempt from attachment and sale under Section 60(1) of the Code of Civil Procedure, 1908.
Explanation of the Correct Answer
The correct answer is Option C: Books of Account.
Why Option C is Correct?
>> Books of Account are explicitly mentioned under Section 60(1) of the CPC as exempt from attachment and sale.
>> These books do not have an independent monetary value and merely serve as records of financial transactions.
>> Courts recognize that attaching and selling books of account would not benefit the decree-holder, as they are not tangible assets that can be converted into money.
Why Other Options Are Incorrect?
Option A: "Government securities" – Incorrect, because government securities are valuable financial instruments that can be attached and sold in execution of a decree.
Option B: "Promissory Note" – Incorrect, because a promissory note represents a legal obligation to pay money, making it an attachable asset.
Option D: "Bond" – Incorrect, because bonds are financial assets that can be converted into cash, making them liable for attachment and sale.
Conclusion
Since Books of Account are specifically exempted under Section 60(1) of the CPC, they cannot be attached and sold in execution of a decree. Therefore, the correct answer is Option C: Books of Account.
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