1. Messrs Basant Textiles. Abu Lane, Meerut (respondent) obtained a decree for the recovery of Rs.23,363.05 against K. L. Bawa (petitioner) now deceased and represented by his widow Jagdish Rani from the court of 1st Civil Judge, Meerut, on Mar. 12, 1977. The decree was transferred to the District Judge, Chandigarh, for execution purposes. In the execution proceedings, house No. 70, Sector 18-A, Chandigarh, belonging to the judgment-debtor was attached. The judgment-debtor filed objections against attachment u/s. 47, Civil Procedure Code, claiming the protection of clause (ccc) under proviso to sub-section (1) of S. 60, Civil P. C. The objection petition was dismissed by the executing Court vide order dt. Sept. 29, 1980, against which the present revision is directed.
2. The judgment-debtor died on Oct. 14, 1981. His widow Jagdish Rani has been allowed to be impleaded as his legal representative in C. M. No. 63-CII of 1982.
3. The learned counsel for the respondent has argued that as a result of the death of the judgment-debtor on Oct. 14, 1981, the revision petition stands rendered infructuous. The contention of the learned counsel must prevail.
4. Clause (ccc) to proviso to sub-section (1) of S. 60, C.P.C., reads :--
'Provided that the following particulars shall not be liable to such attachment or sale, namely:--
(a), (b), (c) and (cc)...............................................................
(ccc) one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him; provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered.'
5. The Protection regarding one main residential house is only available to judgment-debtor under clause (ccc) reproduced above.
6. S. 2(10), Civil P. C. defines judgment-debtor and it reads:--
' Judgment-debtor means any person against whom a decree has been passed or an order capable of execution has been made.'
7. K. L. Bawa deceased was the judgment-debtor against whom the money decree was passed. The protection from attachment of one main residential house under clause (ccc) was available to him in person. His widow Jagdish Rani being not a judgment-debtor cannot avail of the protection under clause (ccc). The protection under clause (ccc) which was available to K. L. Bawa, judgment-debtor (now deceased), therefore, came to an end with his death on Oct. 14, 1981. The protection under clause (ccc) being available to the deceased in person would not pass on to his widow as his legal representative. Under these circumstances, there is no escape from the conclusion that the death of the judgment-debtor on Oct. 14, 1981, has rendered the present revision infructuous.
8. In the result, the revision fails and is dismissed with no order as to costs.
9. Revision dismissed.