Attachment of property under cpc. Incidental Proceedings 2019-03-07

Attachment of property under cpc Rating: 7,9/10 1082 reviews

Section 83 in The Code Of Criminal Procedure, 1973

attachment of property under cpc

Collector deemed to be acting judicially. Saving in respect of High Court 3. When foreign States may sue 85. Execution barred in certain cases Transferees and legal representatives 49. The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case. Penalty for default Judgment and Decree 33. Subject to the pecuniary or other limitations prescribed by any law, suits: — a for the recovery of immovable property with or without rent or profits ; b for the partition of immovable property ; c for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property ;.


Next

Attachment of Property

attachment of property under cpc

Bid of co-sharer to have preference 89. It is interim attachment of the property which lies outside the jurisdiction of court which has passed the order. The executing court did not held that the petitioner under any provisions of law can be directed to create liability upon himself to pay the amount to decree holder even under the assumption that petitioner may recover the amount either from the judgment debtor or from state. At the instance of the decree holder, an attachment before judgment was effected, of a certain sum of money, said to belonging to the judgment debtor which was in the hands of the appellant garnishee, by way of prohibitory order. It is the District Court, which has jurisdiction to cause the attachment 'to- be made by its own officers or by a Court subordinate to itself.

Next

Code of Civil Procedure, 1908

attachment of property under cpc

Documentary evidence to be produced at first hearing. The High Court accepted this plea and held that: as the attachment before judgment was not sent through the District Judge, Gaya, within whose the attached property was situate, the same was ineffective and that warrant of attachment being ineffective, subsequent alienations, by the judgment-debtor were valid transactions and the purchasers obtained valid title. The decree could be interim or final. The court should make sure that all the requirements or formalities for a legal attachment have been complied with inorder to prevent any sort of material irregularity as it might cause serious trouble and loss to the parties. Defendant need not be interested in all the reliefs claimed 6. Appellate Court to give notice to Court whose decree appealed from.

Next

Code of Civil Procedure, 1908

attachment of property under cpc

Where a suit is dismissed under rule 2 or rule 3, the plaintiff may subject to the law of limitation bring a fresh suit; or he may apply of an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his not paying the Court-fee and postal charges if any required within the time fixed before the issue for the summons, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with suit. Duty of person to whom summons is delivered or sent of service. Bonafide claimant to be restored to possession 102. Procedure in appeals from appellate decrees and orders. New facts must be specially pleaded.

Next

LEGAL BLOGGER: Attachment of property

attachment of property under cpc

Rejection of irrelevant or inadmissible documents 4. Section 65 declares the effect of sale. Add the following rules: — 19. If it has been postponed for period of 30 days, fresh proclamation has to be issued and again the process of rule 67, 68 and 69 will follow. Suppose A owes Rs 1000 to B and B owes Rs 1000 to c.

Next

Exemption of Property from Attachment and Sale

attachment of property under cpc

Add the following new rules 19-26 :— 19. The executing court, at no stage, issued any notice under O 21 R 46 to the garnishee. Summons to order defendant to produce documents relied on by him 8. For application of this clause the decree should have passed against the party as the legal representative of the deceased person, and it should be for the payment of money out of the property of the deceased. Private alienation of property after attachment to be void. Definition of Court which passed a decree. While a garnishment proceeding accomplishes the same purposes as an attachment or execution, it is in no sense a levy on property, but it is a judicial proceeding by which a new judgment is to be obtained.

Next

THE CODE OF CIVIL PROCEDURE, 1908

attachment of property under cpc

Where defendant may be called upon to furnish security for production of property. Decree in pre-emption suit 15. Rule 46 lays down the procedure when the garnishee dispute indebt ness to the judgment debtor or alleges that the debt is not an attachable debt. An appeal from a judgment, decree or final order of a High Court shall lie to the Supreme Court- a if the amount or value of the subject-matter of the dispute in the Court of first instance was and also in appeal is unless varied by an Act of Parliament fifty thousand rupees or upward and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below ; or b if the judgment, decree or final order involves, directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below ; or c if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Procedure if parties fail to appear on day fixed 3. Sale by public auction 78.

Next

ATTACHMENTS IN EXECUTION PROCEEDINGS

attachment of property under cpc

Questions to be determined by the Court executing decree. Rules not binding on Court. By a garnishee order, the court may require A not to pay money owed by him to B, but instead to pay C, since B owes the said amount to C, who has obtained the order. Power of certain High Courts to make rules. Courts should also keep in view the principles relating to grant of attachment before judgment see Prem Raj Mundra v. C, it would not prevent the court from proceeding further with the sale of the properties, because, the law does not say that an immovable property cannot be sold in execution of a decree without first attaching it. If such an objection was not raised within a reasonable time, the attachment order itself cannot be treated as invalid.

Next

Incidental Proceedings

attachment of property under cpc

It is in the nature of negotiable instrument, and is a letter whereby a person requests another to advance money or given credit to the third party and promised to repay person making advancement. Respondents filed a case for release of the land from attachment as they had purchased the property from the judgment debtor. Using answers to interrogatories at trial 23. A percept is an order or direction given by court which passed the decree to a court which would be competent to execute the decree to attach any property belonging to the judgement-debtor. Where the property sought to be attached is transferred before filing of the suit, the claim by creditor that transfer was hit by s 53 of the Transfer of Property Act 1882 cannot be rejected on the ground that the transferee were not made parties to the suit. Procedure in case of assignment before final order in suit 11. Procedure in suits against public officer 8-A.

Next