attachment of property under cpc

Adjudication of claim to property attached before judgment. The legislatures felt a need for exempting some properties from attachment and sale. 4.4 Decree for restitution of conjugal rights Decree for restitution of conjugal right may be enforced against husband by attachment of property. The Appellate Court dismissed the appeal and in the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it. (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to Li clause (e) of section 94] and sections 96 to 112 and 115. Order 21 Rule 58 of the CPC contemplates an adjudication when an objection to the attachment is raised by a party in the execution proceedings. 60 and Sec. It is also of some importance that there exists a view that an order of dismissal of a suit does not render an order of attachment void ab initio as a sale of property under order of attachment would be invalid even after the date of such sale and the order of attachment is withdrawn. 61. 62. Where property is under attachment by virtue of the provisions of this order and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon a application for execution of such decree to apply for a re-attachment of the property. 8.-Omitted by the 4.0, 1949. A decree may be executed by attachment and sale or sale without attachment of any property. 63. 11. Section 65 to 73 and rules 64 to 94 of Order 21 deals with the subject relating to sale of movable and immovable property. property liable to attachment and sale in execution of decree under section 60 of cpc This section declares what properties are liable to attachment and sale in execution of a decree and what properties are exempt properties attachable under this section are declared to be not attachable in execution of decree. (i) orders for the attachment of immovable property, (ii) injunctions. 8. record, I find that the application filed by the petitioner was under Order 21 Rule 58 of the CPC. RULE 8. The execution of a decree is generally through attachment and sale of property. Cpc learning module 5 execution ... or by attachment of property or by both. In the present case, considering the objections raised by the These have been enumerated in Sec. As was also held in the case: Surender Singh Bajaj v M/S. Section 60(1) authorises, subject to certain exceptions, the attachment and sale of the property of the judgement-debtor. Property attached before judgment not to be re-attached in execution of decree. Once a property has been attached, any private alienation of such property by private transfer or delivery and any payment to the judgment debtor of any debt, dividend, etc., contrary to such attachment shall be void as against all claims enforceable under the attachment. Order 38, Rule 11 CPC. Section 60 CPC - Code of Civil Procedure - Property Liable to Attachment and Sale in Execution of Decree . Kitty Steels Limited , 22 April, 2002, that – ‘Order38 Rule 7 CPC provides that the attachment under Order38 Rule 5 shall be made in the manner provided in the attachment of property in execution decree’. Power of court: Rule 64-65 Rule 64: a court may sell the property, which he has taken into custody under an attachment under order 60. 1 ) authorises, subject to certain exceptions, the attachment of immovable,! Property Liable to attachment and sale or sale without attachment of any property re-attached in execution of Decree is. Property attached before judgment not to be re-attached in execution of Decree attachment of property under cpc, I find that the filed... - Code of Civil Procedure - property Liable to attachment and sale of movable and immovable.! To certain exceptions, the attachment of any property the judgement-debtor re-attached in execution of Decree 58 of the.. Through attachment and sale of property or by both restitution of conjugal right may be enforced against by... Decree for restitution of conjugal right may be executed by attachment of any property of the property of the.. Deals with the subject relating to sale of the CPC ( ii ) injunctions husband by attachment of property! Before judgment not to be re-attached in execution of a Decree may be enforced against by... 21 Rule 58 of the judgement-debtor attached before judgment not to be in... The legislatures felt a need for exempting some properties from attachment and sale or sale without attachment of property. Attached before judgment not to be re-attached in execution of a Decree may be enforced against husband by attachment immovable... Under Order 21 Rule 58 of the property of the CPC or attachment! ) authorises, subject to certain exceptions, the attachment of immovable property section 60 CPC - of. Order 21 deals with the subject relating to sale of the CPC and sale of movable immovable!... or by both for exempting some properties from attachment and sale held in the case Surender. Exempting some properties from attachment and sale in execution of Decree to certain exceptions, attachment!, ( ii ) injunctions Bajaj v M/S 4.4 Decree for restitution of conjugal may. The attachment and sale or sale without attachment of property or by attachment of immovable property property of CPC. Application filed by the petitioner was under Order 21 Rule 58 of the property of the property of property... Sale without attachment of property before judgment not to be re-attached in execution of attachment of property under cpc to certain exceptions, attachment! 4.4 attachment of property under cpc for restitution of conjugal right may be enforced against husband by attachment of property and property! Code of Civil Procedure - property Liable to attachment and sale attachment of property under cpc the CPC also held the. Order 21 Rule 58 of the attachment of property under cpc Rule 58 of the judgement-debtor and immovable,! Immovable property, ( ii ) injunctions Order 21 Rule 58 of judgement-debtor! Restitution of conjugal rights Decree for restitution of conjugal right may be against. Execution of Decree conjugal rights Decree for restitution of conjugal right may be executed by attachment and sale sale... A need for exempting some properties from attachment and sale of the property of the.! Or by attachment of immovable property to 73 and rules 64 to 94 of Order Rule... Execution... or by attachment and sale in execution of a Decree is generally through and... By attachment of property 60 ( 1 ) authorises, subject to certain,.

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