Supreme Court Holds Residential House Exemption Under Section 60(1)(ccc) is Personal to Judgment-Debtor

Case Snapshot

• Case Name: Sheela Gehlot v. Mohini Hardayal Singh & Ors.

• Citation: 2026 INSC 863

• Bench: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe

• Date of Judgment: August 14, 2026

• Area of Law: Civil Procedure, Debt Recovery, Execution, Insolvency

The Judgment in One Line

Protection from attachment of a residential house under Section 60(1)(ccc) CPC is personal to the judgment-debtor and not available to legal heirs.

Why This Judgment Matters

This judgment clarifies a significant ambiguity in the application of Section 60(1)(ccc) of the Code of Civil Procedure, 1908. The Supreme Court has authoritatively held that the exemption from attachment of a residential house is a personal privilege of the judgment-debtor and does not extend to his legal representatives. This settles a long-standing controversy, particularly in Delhi, Punjab, and Haryana where this provision applies. The judgment also clarifies the interplay between the procedural requirements under the Civil Procedure Code and the Recovery of Debts and Bankruptcy Act, 1993, particularly regarding notice requirements and procedural irregularities.

Background

M/s. Sterling Malt & Foods Pvt. Ltd. availed credit facilities from Punjab & Sind Bank. The company defaulted, and a compromise decree was passed in 1991. The judgment-debtor (Harda

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