SCOPE OF SECTION 47 AND 60 (1) (c) OF C.P.C. AND ORDER 21 RULE 58 AND 90 OF C.P.C.

SCOPE OF SECTION 47 AND 60 (1) (c) OF C.P.C. AND ORDER 21 RULE 58 AND 90 OF C.P.C.

Issue regarding scope of section 47 and 60 (1) (c) of C.P.C. and Order 21 Rule 58 and 90 of C.P.C. has been decided by Hon'ble High Court, Allahabad in the case of Civil Misc. Writ Petition no. 506 of 1990 (Mehtab versus VIIIth Additional District Judge and others) and Hon'ble court held that-

1. if an objection under order 21 Rule 58 of C.P.C. was filed and same was dismissed and later on another objection was filed under section 47 of  C.P.C. was filed on the ground that according to section 60 (1) (c) land can not be attached or auctioned than same is maintainable even after confirmation of sale and res judicata is not apply and same can not be dismissed on the ground of dismissal of earlier objection either under order 21 Rule 58 or 90 of C.P.C.

2. Politics can not be accepted as a regular source of income. Even if some unscrupulous person joins politics with a view to earn money  and politics is not meant  for earning money, illegal source of income cannot be taken in to the consideration.

3. if judgment debtor filed revenue record to show that he has agricultural land then it can not accepted the argument that land is quite small in area hence it could not be sufficient to meet the expenses as it is the story of millions of farmers in India that they have got insufficient land. .