C.R. No. 6633 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6633 of 2008 (O&M) Date of decision: March 02 ,2009 Labh Singh .. Petitioner v. Jai Pal and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ram Chander, Advocate for the petitioner. .. Rajesh Bindal J. Challenge in the present petition is to the order, passed by the learned court below, whereby the application filed by the petitioner for exemption from sale of his house under Section 60(1)(ccc) of the Code of Civil Procedure, was dismissed. Learned counsel for the petitioner submitted that in terms of the provisions of Section 60(1)(ccc) of the CPC, as was added by amendment of this Court, one single dwelling unit is exempted and accordingly, the impugned order passed by the learned court below is to be set aside, whereby single dwelling unit of the petitioner has been directed to be sold. Having heard learned counsel for the petitioner, I do not find any merit in the submissions made. In the present case, what is sought to be executed is the award of the Motor Accident Claims Tribunal. As to whether protection under Section 60(1)(ccc) of the CPC is available in execution thereof is the moot point. However, this court is not going into the merits thereof, as no judgment taking a view either side was cited by learned counsel for the petitioner. Even otherwise, there is no merit in the present petition, as it has been specifically noticed by the learned court below that the property which is being sold is already lying mortgaged with the society. All what the court has directed is that after sale of the property, the amount be deposited in the court and the entitlement to the amount in question is to be decided subsequently. Proviso to Section 60(1)(ccc) CPC specifically excludes the benefit under the provision to any property, which is charged with the debt. As in the present case, it is found that the property is already C.R. No. 6633 of 2008 [2] mortgaged with the society and no protection under Section 60(1)(ccc) CPC is available for such dwelling house, I do not find any merit in the present petition. Accordingly, the same is dismissed. (Rajesh Bindal) Judge March 02 ,2009 mk