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Attachment Under CPC 1908

The document discusses attachment under the Code of Civil Procedure 1908. It introduces attachment as a process where a court seizes property to secure a judgment or satisfy a debt. It outlines the relevant provisions in sections 60-64 of the CPC 1908 and explains what properties are liable for attachment, what properties are not liable, partial exemption of agricultural produce, seizure of property in a dwelling house, and how property attached in execution of decrees of several courts is handled.

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9 views2 pages

Attachment Under CPC 1908

The document discusses attachment under the Code of Civil Procedure 1908. It introduces attachment as a process where a court seizes property to secure a judgment or satisfy a debt. It outlines the relevant provisions in sections 60-64 of the CPC 1908 and explains what properties are liable for attachment, what properties are not liable, partial exemption of agricultural produce, seizure of property in a dwelling house, and how property attached in execution of decrees of several courts is handled.

Uploaded by

shahzadjaved640
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Attachment under CPC 1908

Introduction:

1) Attachment is a process by which a court seizes and takes into custody a person property in order
to secure a judgement or to satisfy a debt.
2) The act of the physically seizing a person property in ordr to enforce a court order or judgement
is called Attachment.

Relevant provision :

Section 60-64 of

Cpc 1908 deals with the Attachment

Explanation :

Properties liable for Attachment :

U/S 60(1) Following properties are liable for attachment namely

Land ,houses ,or other buildings ,goods ,money ,Bank notes ,checks ,bill of exchange ,promissory
notes ,government securies ,bonds ,debts ,shares in a corporation .
All other saleable properties ,movable or immovable which that the judgement debtor owns or
has control over can be sold to pay off debt.

Properties not liable for Attachment :

Following properties are not liable for attachment or sale

Books of accounts
Mere right to sue for demages
Any right of the personal services
Tools of artisans
The wages of the Labourers and domestic servants
Salary to the extend of the first hundred rupees and one-half of the remainder
Stipends and gratuities allowed to pensioners

Partial exemption of agriculture produce U/S 61:

In simple words this section says that the certain agricultural products like grains,crops or fruits which are
grown by judgement debtor are partially protected from being seized and sold to pay off the debt.

Seizure of property in dwelling -house U/S 62 :

Sub section 1 : says that A person who is executing any process or who is authorized to seize any movable
property shall not be allowed to enter any dwelling house after sunset and before sunrise

Sub section 2 : states that outer-door of the dwelling house cannot be broken or open unless the
judgement debtor is inside and refuses access. However once the access is gained the door of the room
where the property is believe to be can be broken and open.
Sub section 3 : this provisions aims to respect the privacy and culture custom of woman and it is stated
therein that the person who is authorized to seize movable property shall take permission before house
from the woman who does not appear in a public .

Property attached in execution of decrees of several courts U/S 63:

Sub Section 1 : It is stated in this that if a property is seized from several courts ,the court with the highest
authority will manage the property and handle any claim or complaint. If all the courts have same level
of authority the court that seized the property first will take the charge.

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