Civil Procedure Code : Attachment of Properties

Attachment of Property

Attachment of property is one of the way in which decrees are executed.

Section 60 to 64 and Rule 41 to 57 of Order 21 in Civil Procedure Code deals with attachment of property.

The objective of this post as well as above sections and rules is:

 

From where do court get it's power to attach ?

 Section 51 of Civil Procedure Code grants power to court to attach a property to execute the decree.

 

What all properties can be attached ?

Can you attach the kidney of judgement debtor ? Or tools of farmers ? Or living place or house of laborer, or unskilled worker ?

Section 60 deals with what all things you can attach and what you cannot.

Below things can be attached. This is illustrative list and not everything is covered

Essentially, anything that can be sold for money can be attached. But there are exceptions.

What all things cannot be attached?

Below is the list of things which cannot be attached:

If you observe above, mostly they consist of necessities of individual and hence they cannot be attached. It follows that kidneys cannot be attached!!!

How to attach movable property ?

Provision in this respect are given in rule 43, 43A and 47. 

Movable properties can be attached by actual seizure. If court attaches onion and tomatoes, then it should be sold to realize, because those things can be deteriorated. 

Order 43A talks about when movable property cannot be actually seized, for example growing timber then such custody of such property should be given to some "respectable person". If any loss to property occurs, such "respectable person" will be liable to decree-holder or judgment debtor.

Order 47 talks about when judgment debtor have shares in movable property. Such property should be seized with notice.

Summary of these is as below:

How to attach a immovable property ?

Simple-> By notice. Court gives notice to judgment debtor and people in general that property is attached and not private alienation should be done about such property.

Attachment when Rent or Mesne profit is involved?

When there is decree about inquiry of rent or mesne profit, then property of judgment debtor can be seized even before deciding about the final money.

Mesne profit in layman's term mean profit arising out of unlawful possession.

Provision in this regard are provided in Order 21 Rule 42.

How to attach a salary ? And how much salary to be attached ?

Court attaches salary by giving a notice to a person who is in charge of disbursement of salary. In case of government employees, in charge will be some babu, whereas in case of Private company, in charge will be some Human Resource or Finance department officer.

Rule 48 and 48A deal with this.

How to Attach partnership property ?

Attachment is up to the interest of judgement debtor in partnership firm. Provisions related to this are in Rule 49 Order 21. It's not Rule 21 as mentioned in below slide. It's printing mistake..!!

How to attach Firms property ?

When decree is against the firm, property can be attached in below ways:

There are four places from where property can be attached as shown above.

How to attach Negotiable instrument?

This is given in Rule 51.

How to attach property which is in custody of court or public officer ?

By notice.

These are some of the ways by which property can be attached.

Wait..Wait..Wait

Attachment of property is not over.  We need to discuss extremely important thing. I.E Garnishee..!!!

Legalfundaa