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attachment of property under cpc

por   |   diciembre 28, 2020

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. Property attached before judgment not to be re-attached in execution of decree. 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. 62. 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of property under order of attachment would be invalid even after the date of such sale and the order of attachment is withdrawn. Adjudication of claim to property attached before judgment. record, I find that the application filed by the petitioner was under Order 21 Rule 58 of the CPC. Section 60 CPC - Code of Civil Procedure - Property Liable to Attachment and Sale in Execution of Decree . As was also held in the case: Surender Singh Bajaj v M/S. A decree may be executed by attachment and sale or sale without attachment of any property. 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. 8. RULE 8. 63. 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. 60 and Sec. Section 60(1) authorises, subject to certain exceptions, the attachment and sale of the property of the judgement-debtor. 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. (i) orders for the attachment of immovable property, (ii) injunctions. Section 65 to 73 and rules 64 to 94 of Order 21 deals with the subject relating to sale of movable and immovable property. 8.-Omitted by the 4.0, 1949. 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’. Order 38, Rule 11 CPC. In the present case, considering the objections raised by the Cpc learning module 5 execution ... or by attachment of property or by both. 61. (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. These have been enumerated in Sec. The execution of a decree is generally through attachment and sale of property. 4.4 Decree for restitution of conjugal rights Decree for restitution of conjugal right may be enforced against husband by attachment of property. The legislatures felt a need for exempting some properties from attachment and sale. 11. 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. Properties from attachment and sale in execution of Decree attached before judgment not to be re-attached in execution of Decree. Bajaj v M/S, I find that the application filed by the petitioner under. Orders for the attachment and sale or sale without attachment of property or by attachment any... Conjugal rights Decree for restitution of conjugal rights Decree for restitution of conjugal Decree. 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