@JUDGMENTTAG-ORDER
S.P. Goyal, J.@mdashThis revision is directed against the order of the learned Subordinate Judge 1st Class, Kharar, dismissing objection petition
of the judgment-debtor against the attachment of the house in question. The plea taken was that the house under attachment being the only
residential house of the judgment debtor was exempt from attachment u/s 60 of the CPC The executing Court after recording evidence of the
parties dismissed the petition with the finding that the judgment-debtor was proved to own two houses. On the finding recorded, obviously the
petition could not be dismissed. The order of the learned Subordinate Judge, to say the least, betrays complete ignorance of the provisions of
Section 60 of the Code of t Civil Procedure. Even if the judgment debtor owns two houses, unless it was found that the house in question was not
in his occupation it could I not be attached and sold in execution of the decree. As no finding either way in this regard has been recorded, the
impugned order is set aside and the case is remanded to the Executing Court for disposal of the objection petition in the light of the above
observation. The respondent being unrepresented, I make no order as to costs. The petitioner is directed to appear before the Executing Court on
March 20, 1984.
