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Simplified Order 21 Rules 41 To 59

Order 21 Rules 41 to 59 of the CPC, 1908 outlines the procedures for the examination and attachment of a judgment-debtor's property when a decree is not satisfied. It includes rules for attaching movable and immovable property, debts, and shares, as well as provisions for salary attachment and removal of attachment. Additionally, it allows for claims and objections regarding attached property, ensuring that rightful ownership is considered.

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9 views3 pages

Simplified Order 21 Rules 41 To 59

Order 21 Rules 41 to 59 of the CPC, 1908 outlines the procedures for the examination and attachment of a judgment-debtor's property when a decree is not satisfied. It includes rules for attaching movable and immovable property, debts, and shares, as well as provisions for salary attachment and removal of attachment. Additionally, it allows for claims and objections regarding attached property, ensuring that rightful ownership is considered.

Uploaded by

66f7jrt79g
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Simplified Notes on Order 21 Rules 41

to 59 of the CPC, 1908


Rule 41: Examination of Judgment-Debtor

If a decree is not satisfied, the court may call the judgment-debtor to give information about
their property. If they refuse or fail to appear, the court may issue a warrant for arrest or
even attach their property.
Example: If A owes B money and does not pay, B can request the court to call A and ask
about his assets.

Rule 42: Attachment in Case of Disobedience to Order

If the judgment-debtor does not obey the court’s order, the court may order attachment of
his property.

Rule 43: Attachment of Movable Property (Not in Custody of Court)

Movable property like furniture, cars, etc. can be attached by seizing them physically or by
keeping them on the property under guard.
Example: Officer attaches A’s car for not paying the decree amount.

Rule 44: Attachment of Agricultural Produce

Attachment of crops is made by affixing the warrant on the land. Harvested produce can be
stored and guarded.

Rules 45 to 46: Attachment of Debts, Shares and Other Property

Attachment of property not in physical possession (like bank accounts, shares, debts) is
done by prohibiting the person who holds or owes such money from transferring it.
Example: If A has money in a bank, court may order the bank not to release that amount.

Rule 47: Attachment of Property in Custody of Court or Public Officer

If property is with a court or public officer, attachment is done by sending a request/order


to that authority.

Rules 48 to 49: Salary Attachment

Court may attach the salary of the judgment-debtor but not more than one-third of it, and
only for 24 months.

Rule 50: Partnership Property

If a partner is the debtor, their interest in the partnership can be attached.

Rules 51 to 52: Negotiable Instruments and Shares

Court can attach instruments like promissory notes, shares by seizing them or prohibiting
their transfer.

Rule 53: Attachment of Decrees

A decree held by the judgment-debtor against someone else can be attached just like
property.

Rule 54: Attachment of Immovable Property

Attachment of land/buildings is made by issuing an order and fixing it on the property and
in court.
Example: If A owns land and refuses to pay, court may attach the land and prevent its sale.
Rules 55 to 56: Removal of Attachment

Attachment can be removed if the debt is paid or the court orders it based on valid reasons.

Rule 57: Default by Decree-Holder

If decree-holder does not proceed with sale after attachment, court may remove the
attachment.

Rules 58 to 59: Claim and Objection to Attachment

If someone else claims ownership of attached property, they can object. Court will
investigate and decide whether to release the property from attachment.
Example: If A’s bike is attached but B proves it belongs to him, court may release it.

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