1. What provision deal with the attachment of property in the execution of a decree?
Ans: Sections 60 to 64 and Order 21 Rules 41 to 57 of CPC
2. What is the effect of attachment of property in execution of decree?
Ans:- As per sec 64 of C.P.C where an attachment has been made, any private transfer or delivery of the property attached or of any interest there in and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.
3. If a 3rd party purchases attached properties in a private sale and pays the decree debt in respect of which attachment is effected, whether the private sale transaction in his favour confers valid title?
Ans: Normally valid title is passed to the purchaser. But explanation to Sec 64 C.P.C contemplates that the claim for ratable distribution of assets attached includes as a claim enforceable against the attachment
4. What are the attachable properties under section 60 CPC?
Ans: The following properties are liable to attachment and sale in execution of a decree, namely:
(i) Lands, houses or other buildings,
(ii) Goods,
(iii) Money, Bank notes, Cheques, Bills of exchange, Hundis, Promissory notes,
(iv) Government securities, bonds or other securities for money, debts and shares in a corporation.
It does not mean that the properties listed above are alone liable for attachment and sale and not other. What is not included in the above list is included under Sec. 60(1) by adding the words “all other saleable property movable or immovable, belonging to the judgement-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether, the same be held in the name of the judgement-debtor or by another person in trust for him or on his behalf".
5. What are the properties which cannot be attached under CPC, 1908?
Ans: The properties which cannot be attached under Sec. 60(1) CPC, 1908 are as follows-
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgement-debtor, his wife and children and such personal ornaments as, in accordance with religion usage, cannot be parted with by any women;
(b) Tools of artisans, in the opinion of the Court, be necessary to enable him to earn his livelihood as such (e.g., tools of carpenters, blacksmith, tailors etc.);
(c) Houses, sites and other buildings belonging to an agriculturist or a labourer or a domestic servant and occupied by him;
(d) Books of account;
(e) a mere right to sue for damages;
(f) Any right of personal service;
(g) Stipends and gratuities allowed to pensioners of the Government;
(h) The wages of labourers and domestic servants, whether payable in money or in kind;
(i) Salary to the extent of the first four hundred rupees and 2/3 of the remainder in the execution of any decree other than a decree for maintenance;
(i-a) one third of the salary in execution of any decree for maintenance;
(j) pay and allowances of persons to whom the Air Force Act, 1950 or the Army Act, 1950 or the Navy Act, 1957 applies;
(k) All compulsory deposits and other sums covered by Provident Funds Act of 1925 and declared by ‘the said Act not to be liable to attachment;
(ka) any sum which is covered by the Public Provident Fund Act of 1968 and declared by the said Act not to be liable to attachment;
(kb) all money payable under a policy of insurance on the life of the judgement debtor;
(kc) the interest of lessee of residential building to which the provisions of law for the time being in force relating to control of rent and accommodation apply;
(l) Any allowance forming part of the emoluments of any Government servant or Railway company may be exempted from attachment by gazette notification;
(m) An expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) A right to future maintenance;
(o) Any allowance declared by an Indian law to be exempt from liability to attachment or sale in execution of decree;
(p) When a movable property is exempt from sale for recovery of land revenue, such property is not liable for attachment and sale under this section.
3. If a 3rd party purchases attached properties in a private sale and pays the decree debt in respect of which attachment is effected, whether the private sale transaction in his favour confers valid title?
Ans: Normally valid title is passed to the purchaser. But explanation to Sec 64 C.P.C contemplates that the claim for ratable distribution of assets attached includes as a claim enforceable against the attachment
4. What are the attachable properties under section 60 CPC?
Ans: The following properties are liable to attachment and sale in execution of a decree, namely:
(i) Lands, houses or other buildings,
(ii) Goods,
(iii) Money, Bank notes, Cheques, Bills of exchange, Hundis, Promissory notes,
(iv) Government securities, bonds or other securities for money, debts and shares in a corporation.
It does not mean that the properties listed above are alone liable for attachment and sale and not other. What is not included in the above list is included under Sec. 60(1) by adding the words “all other saleable property movable or immovable, belonging to the judgement-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether, the same be held in the name of the judgement-debtor or by another person in trust for him or on his behalf".
5. What are the properties which cannot be attached under CPC, 1908?
Ans: The properties which cannot be attached under Sec. 60(1) CPC, 1908 are as follows-
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgement-debtor, his wife and children and such personal ornaments as, in accordance with religion usage, cannot be parted with by any women;
(b) Tools of artisans, in the opinion of the Court, be necessary to enable him to earn his livelihood as such (e.g., tools of carpenters, blacksmith, tailors etc.);
(c) Houses, sites and other buildings belonging to an agriculturist or a labourer or a domestic servant and occupied by him;
(d) Books of account;
(e) a mere right to sue for damages;
(f) Any right of personal service;
(g) Stipends and gratuities allowed to pensioners of the Government;
(h) The wages of labourers and domestic servants, whether payable in money or in kind;
(i) Salary to the extent of the first four hundred rupees and 2/3 of the remainder in the execution of any decree other than a decree for maintenance;
(i-a) one third of the salary in execution of any decree for maintenance;
(j) pay and allowances of persons to whom the Air Force Act, 1950 or the Army Act, 1950 or the Navy Act, 1957 applies;
(k) All compulsory deposits and other sums covered by Provident Funds Act of 1925 and declared by ‘the said Act not to be liable to attachment;
(ka) any sum which is covered by the Public Provident Fund Act of 1968 and declared by the said Act not to be liable to attachment;
(kb) all money payable under a policy of insurance on the life of the judgement debtor;
(kc) the interest of lessee of residential building to which the provisions of law for the time being in force relating to control of rent and accommodation apply;
(l) Any allowance forming part of the emoluments of any Government servant or Railway company may be exempted from attachment by gazette notification;
(m) An expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) A right to future maintenance;
(o) Any allowance declared by an Indian law to be exempt from liability to attachment or sale in execution of decree;
(p) When a movable property is exempt from sale for recovery of land revenue, such property is not liable for attachment and sale under this section.
