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The Code of Civil Procedure, 1908: page 57

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 57, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
            (n) a right to future maintenance;
            (o) any allowance declared by 1[any Indian law] to be exempt from liability to attachment or sale in execution
      of a decree; and
            (p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property
      which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of
      such revenue.
    2
      [Explanation I.—The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l)
and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of
salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.]
      3 4
        [ [Explanation II.—In clauses (i) and (ia)], “salary” means the total monthly emoluments, excluding any
allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his
employment whether on duty or on leave.]
      5
        [Explanation 6[III]—In clause (1) “appropriate Government” means—
            (i) as respects any 7[person] in the service of the Central Government, or any servant of 8[a Railway
      Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
      9
        *                        *                          *                        *                            *
            (iii) as respects any other 10[servant of the 11[Government]] or a servant of any other 12*** local authority,
      the State Government.]
      13
         [Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled
unskilled or semi-skilled labourer.
                                                                                 e
      Explanation V—For the purposes of this proviso, the expression “agriculturist” means a person who cultivates
                                                                          od
land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner,
tenant, partner or agricultural labourer.
                                                                    aC
      Explanation VI—For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land
personally, if he cultivates land—
            (a) by his own labour, or
            (b) by the labour of any member of his family, or
                                                             di
                                                        In
            (c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or
      both.]
      13[
          (1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which
a person agrees to waive the benefit of any exemption under this section shall be void.]
      (2) Nothing in this section shall be deemed 14*** to exempt houses and other buildings (with the materials and the
sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in
execution of decrees for rent of any such house, building, site or land 15***
      16
         *                              *                        *                          *                         *
                                                    STATE AMENDMENTS
Kerala.—
          In clause (g) of the Proviso to sub-section (1) of section 60, after the words “stipends and gratuities allowed
    by pensioners of the Government” the words “or of a local authority” shall be inserted.
[Vide Kerala Act 13 of 1957, s. 3]


1. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”.
2. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977).
3. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of
   any suit instituted before 1st June, 1937, see ibid., section 3.
4. Subs. by Act 104 of 1976, s. 23, “Explanation 2.—in clauses (h) and (i)” (w.e.f. 1-2- 1977).
5. Ins. by the A.O. 1937.
6. Subs. by Act 104 of 1976, s. 23, for figure “3” (w.e.f. 1-2-1977).
7. Subs. by Act 5 of 1943, s. 2, for “Public officer”.
8. Subs. by the A.O. 1950, for “a Federal Railway”.
9. Clause (ii) omitted by the A.O. 1948.
10. Subs. by Act 5 of 1943, s. 2, for “public officer”.
11. Subs. by the A.O. 1950 for “crown”.
12. The words “railway or” omitted by the A.O. 1950.
13. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
14. The brackets and letter “(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule.
15. The word “or” rep. by s. 3, ibid., and the Second Schedule.
16. Clause (b) rep. by s. 3 ibid., and the Second Schedule.


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