Section 59. Stay of sale

59. Stay of sale. —Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may— (a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or that pending such adjudication, the property may be sold but the sale shall not be confirmed, and any such order may be made subject to such terms and conditions as to security or otherwise as the Court thinks fit.] 60. [ Release of property from attachment .] Omitted by the Code of Civil Procedure (Amendment) Act , 1976 (104 of 1976), s . 72 ( w.e.f. 1-2-1977). 61. [ Disallowance of claim to property attached .] Omitted by s. 72, ibid. ( w.e.f. 1-2-1977). 62. [ Continuance of attachment subject to claim of incumbrancer .] Omitted by s. 72, ibid. ( w.e.f. 1-2-1977). 63. [ Saving of suits to establish right to attached property .] Omitted by s. 72, ibid. ( w.e.f. 1-2-1977).] 1. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977). 2. Subs. by s. 72, ibid ., for the sub heading "Investigation of claims and objections" and for rules 58 to 63 (w.e.f. 1-2-1977). Sale generally 59. Release on ground of illness.— (1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness. (2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison. (3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom— (a) by the State Government, on the ground of the existence of any infectious or contagious disease, or (b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness. (4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58. Attachment 8 60. Property liable to attachment and sale in execution of decree. —(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf: Provided that the following particulars shall not be liable to such attachment or sale, namely:— (a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such 1. Subs. by Act 3 of 1921, s. 2, for "shall release". 2. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977). 3. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002). 4. Subs. by s. 5, ibid., for clause (b) (w.e.f. 1-7-2002). 5. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977). 6. Ins. by s. 22, ibid . (w.e.f. 1-2-1977). 7. Subs. by Act 46 of 1999, s. 5, for "five hundred rupees" (w.e.f. 1-7-2002).