15. Attachment Of Property:

15. ATTACHMENT OF PROPERTY

Attachment of Property deals under Section 60 to 64 & Rule 41 to 57 of Order 21 of Civil Procedure Code, 1908.

Nature & Scope :

The Code enumerates properties which are liable to be attached & sold in execution at decree. Likewise, it also specifies properties which are not liable to be attached. It also prescribed the procedure where the same property is attached by more than one court. The Code also declares that a private alienation of property after attachment is void.

Object :

The Primary object of attachment of property is to give notice to the Judgment debtor not to alienate property to anyone & also to the general public not to purchase or in any other manner deal with property of Judgment Debtor attached in execution proceedings. At the same time, it protects a Judgment debtor by grating exemption to certain properties from attachment & sale.

Property which can be Attached :

Section 60(1) declares that All Saleable Property (Movable or Immovable) belonging to Judgment debtor or over which or the portion of which he has disposing power which he may exercise for his own benefit may be attached & sold in execution of decree against him.

PROPERTY WHICH CANNOT BE ATTACHED :

Section 60

Declares that the properties specified therein are exempted from attachment & Sale in the execution of Decree. The list enumerated certain properties

1.      Wearing apparel,

2. Cooking Vessels,

3. Bedding,

4. Tools of Artisans,

5. Implements of husbandry,

6. House of Agriculturists,

7. Wages,

8. Salaries,

9. Pensions & Gratuities,

10. Compulsory Deposits,

11. Rights to future maintenance.

Section 61 :

Empowers the State Government to exempt agricultural produce from attachment or sale in the execution Decree.

TYPES OF PROPERTY & MODE OF ATTACHMENTS

	Types of Property	Mode of Attachments
	MOVABLE
1	Other than Agricultural Produce.	By Actual Seizure, but if property is subject to speedy & natural decay, then it may be sold.
2	Live Stock, Agricultural Implements or other Articles	By leaving the same in custody of a respectable person as the custodian.
3	Property not in Possession of judgment Debtor	By an Order Prohibiting person in possession thereof from giving  it to judgment Debtor
	NEGOTAIBLE INSTRUMENT
4	Neither Deposited in Court nor in Custody of Public Figure	By Actual Seizure or bringing it into the court.
5	Debt not Secured by Negotiable Instrument	By an Order Prohibiting Creditor from recovery debt & debtor from paying debt.
6	Share in Capital of Corporation	By an Order prohibiting a person in whose name the share stands from transferring it or receiving dividend therefrom.
7	Salary or Allowance of Public Servant or Private Employees	By an Order that amount shall be withheld from such salary either in one payment or by monthly installment.
8	Partnership Property	By making an Order -
		A. Charging interest of Partner
		B. Appointing receiver of share of Partner in profit
		C. Directing accounts of Share of Partner in Profit
		D. Ordering Sale of such interests.
9	Property in Custody of Court of Public Officer	By Notice to such Court or Officer requesting that such property & any interest or dividend thereon, may be held subject to Order of Court.
10	Agricultural Produce	By affixing copy of warrant -
		A. In case of growing Crop on land,
		B. In case of ready Crop, the place at which it is laying.
		C. Also affixing copy on a house in which Judgment debtor resides.
11	Immovable Property	By an Order prohibiting Judgment debtor from transferring it in an manner & all persons from taking benefit from such transfer.

Determination of Property Attachment Under following Circumstances :

1.      Where Decretal amount is paid.

2. Where Decree is set aside.

3. Where Court upholds objection against attachment.

4. Where after attachment application for execution is dismissed

5. Where attachment Creditor withdraws attachment.

6. Where Decree holder fails to do what he is bound to do under Decree.

Private  Alienation (Transfer) of Property after Attachment (Sec.64) :

Sec 64(1) Enacts that Private Alienation of Property after attachment is void as against claims enforceable under attachment.

 Object :

    The Primary object of this provision is to prevent fraud on decree holder.

Private Transfer :

    It is Voluntary transfer such as Sale, Mortgage, lease, gift etc. & not transfers by operation of law under Decree or Order.