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Bare acts > Code of Civil Procedure, 1908 > Section 63
 
   


 

63. Property attached in execution of decrees of several courts.- (1) Where property not in the custody of any court is under attachment in execution of decrees of more courts than one, the court which shall receive or realise such property and shall determine any claim thereto and any objection to the attachment thereof shall be the court of highest grade, or, where there is no difference in grade between such courts, the court under whose decree the property was first attached.

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a court executing one of such decrees.

Explanation: For the purposes of sub-section (2), “proceeding taken by a court” does not include an order allowing, to a decree holder who has purchased property at a sale held in execution of a decree, set off to the extent of the purchase price payable by him.


HIGH COURT AMENDMENT

CALCUTTA.- Add as sub-section (3)

(3) “For the purposes of this section the Court of Small Causes of Calcutta shall be deemed to he of the same grade as a district Court”, Cal. Gaz. Pt. I., dated 20.4.1967.

 

 

 

 

 

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