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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 53
 
  


 

53. Attachment of decrees.- (1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,—

(a) if the decrees ware passed by the same Court, then by Order of such court, and

(b) if the decree sought to be attached was passed by another court then by the issue to such other court of a .notice by the court which passed the decree sought to be executed, requesting such other court to stay the execution of its decree unless and until—

(i) the court which passed the decree sought to be executed cancels the notice, or (ii) (a) the holder of the decree sought to be executed, or

(b) his judgment debtor with the previous consent in writing of such decree holder, or with the permission of the attaching court, applies to the court receiving such notice to execute the attached decree.

(2) Where a court makes an Order under clause (a) of sub-rule (1), or receives an application under sub-head (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached the decree or his judgment debtor, proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.

(3) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof.

(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other court, also by sending to such other court a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the court from which it was sent.

(5) The holder of a decree attached under this rule shall give the court executing the decree such information and aid as may reasonably be required.

(6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the court making an Order of attachment under this rule shall give notice of such Order to the judgment debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment debtor in contravention of such Order with knowledge thereof or after receipt of notice thereof, either through the court or otherwise, shall be recognized by any Court so long as the attachment remains in force.

HIGH COURT AMENDMENTS

ALLAHABAD.- (1) In sub-rule (1) (b) and sub-rule (4) after the words “to such other Court” add “and to any other Court to which the decree has been transferred for execution”.

(ii) In sub-rule (6) for words “after receipt of notice thereof” read the words “after receipt of notice or with the knowledge thereof”. (24.7.1926).


ANDHRA PRADESH, PONDICHERRY, MADRAS.-
In sub-rule (i) (b) (ii) after the words “Judgment- debtor” and before the word “applies” add “if he has obtained the consent in writing of the decree-holder or the permission of the attaching Court” and (ii) for the words “its own” substitute “the attached”. (16.9.1960).

ASSAM, NAGALAND, CALCUTTA, ANDAMAN AND NICOBAR ISLANDS.- (i In sub-rule (1) (b) after the words “such other Courts” insert “and to any Court to which it has been transferred for execution” also insert therein the words “or Courts” after the words “requesting such other Court”. (1.12.1963 and 21.1.1972).

(ii) In sub-rule (1) (b) (ii) cancel the words “to execute its own decree” and substitute therefore the words “execute the attached decree with the consent of the said decree-holder expressed in writing or the permission of the attaching Court.”

(iii) In sub-rule (4) insert after the words “by sending to such other Court” the words “and to any Court to which it has been transferred for execution”.

(iv) In sub-rule (6) substitute the words “in contravention of the said order with knowledge thereof” for the words “in contravention of such order after the receipt of notice thereof”.

BOMBAY, DADRA AND NAGAR HAVELI.- (1) For sub-rule (1) (b) of Rule 53 substitute the following:

(b) if the decree sought to be attached was passed by another Court, then by the issue to such other Court of a notice by the Court which passed the decree sought to be executed, requesting such other Court and to any other Court to which the decree has been transferred for execution to stay the execution of its decree unless and until -

(i) the Court which passed the decree sought to be executed cancels the notice, or

(ii) (a) the holder of the decree sought to be executed, or

(b) his judgment-debtor, with the previous consent in writing of such decree-holder, or with the permission of the attaching Court, applies to the Court receiving such notice to execute the attached decree.’ (1.10.1983).

(2) For the existing sub-rule (4) substitute, the following:

“(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other Court also by sending to such other Court and to any other Court to which the decree has been transferred for execution a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent.” (1.10.183).

HIMACHAL PRADESH, DELHI, PUNJAB AND CHANDIGARH.- (1) Add to sub-rule (1) (b) after “to such other Court” the following: “and to the Court to which it has been transferred for execution”.

(ii) In sub-rule (1) (b) (ii) substitute the words “the attached” for “its own” and insert ‘with the consent of the said decree-holder expressed in writing or with the permission of the attaching Court”. between the words “executed or” and “his judgment-debtor”.

(iii) In sub-rule (6) substitute “with the-knowledge” for “after receipt of notice”. (7.4.1932).


MADHYA PRADESH.-
Substitute -

(i) “to such other Court and to any other Court to which the decree has been transferred for execution” for the words “to such other Court” occurring in clause (b) of sub-rule (1) and in sub-rule (4) and,

(ii) delete clause (2) and substitute the following-

“(2) the holder of the decree sought to be executed or his judgment-debtor with the consent of the said decree-holder expressed in writing or with the permission of the attaching Court applies to the Court receiving such notice to execute the attached decree”. (16.9.1960).

ORISSA.- Deleted. (14.5.1984).

PATNA.- Substitute the following for sub-rule (1) (b):

“(b) If the decree sought to be attached was passed by another Court then by the issue to such other Court (or the Court to which the decree may have been transferred for execution) of a notice by the Court before which the application has been made requesting such other Court or the Court to which the decree may have been transferred or execution as the case may be to stay the execution of the decree sought to be attached unless and until –

(i) the Court which has issued the notice shall cancel the same, or

(ii) the holder of the decree sought to be executed or his judgment-debtor with the Consent of the said decree-holder expressed in writing or the permission of the attaching Court applies to such other Court (or the Court to which the decree may have been transferred for execution) to execute the attached decree.”

 

 

 

 

 

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