CIVIL PROCEDURE — Attachment---Tools of the Judgment debtor’s trade—Civil .Justice Ordinance 1929. S. 201(I)(b) — Car mechanic’, battery charger Is necessary to debtor’s trade

The battery charger of a mechanic in the business of repairing automobiles is an “implement.., of the judgment debtor’s trade.., necessary to enable him to earn his livelihod” within the meaning of Civil Justice Ordinance 1929, s. 201 (l)(b), and is therefore not 1 to attachment.

Advocate: Anwar Adham .... for the applicant judgment  debtor

S.M.A. Attig, P.J., April 13, 1964:— This is an application for release of a certain implement attached in an execution against the applicant, who contends that the said - implement is unattachable under Civil Justice Ordinance, s. 201(1) (b) being tools or implements necessary for the trade or calling of the judgment debtor.

the respondent contended that judgment debtor is a mechanic and the apparatus under attachment being used for charging batteries is not a necessary implement for his trade or profession

It has been decided in Nicola Georgalides v. Hassab El Rasoul Younis, (1960) S 105, that the question, what is judgment debtor’s trade or calling, is obviously a question of fact; but whether such tools, stocks, etc., are necessary to enable him to earn his livelihood is a question of law.

It has been admitted by the respondent that the judgment debtor is a mechanic and engaged in the business of car repairing. It then remains for the court to decide whether in its opinion the implement under attach ment is necessary for judgment debtor’s trade.

Judgment debtor is a mechanic primarily engaged in car repairing. The charging of batteries is reasonably incidental to the business of car repairing and in my opinion is necessary to judgment debtor’s trade and calling.

The order of the District Judge shall therefore be set aside and the attachment be released forthwith,