Sale & Attachment of Property in Execution Decree

4671 WordsJan 28, 201219 Pages
Chapter – I Introduction & Research Methodology 1. Introduction: The passing of a decree by a competent court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, thus creating substantive rights in favour of the decree-holder. However, lately it has been seen that instead of following the terms and conditions of the decree, judgment-debtors have been placing a number of obstacles in the way of a decree-holder. In fact, such a trend has become so prevalent that it has forced the Supreme Court to opine that ‘the difficulties of a litigant begin when he has obtained a decree’. Conscious of the significance and importance of giving effect to the decree and orders passed…show more content…
It is merely an irregularity. An order of attachment takes effect from the moment it is brought to the notice of the court. Rule 54 provides for the attachment of immovable property and the procedure for the proclamation of such attachment. The object of Rule 54 is to inform the judgement – debtor about the attachment so that he may not transfer or create encumbrance over the property thereafter.[2] The code enumerates properties to be attached and sold in execution of a decree.[3] Likewise, it also specific properties which are not liable to be attached or sold.[4] It also prescribes the procedure where the same property is attached in execution of decrees by more than one court.[5] The code also declares that a private alienation of property after attachment is void. In Ghanshyam Das v. Anant Kumar,[6] while dealing with the provisions of the Code of Civil Procedure relating to the execution of decrees and orders, the Supreme Court had stated that the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with the question of execution of decrees. More specifically, Section 51[8] of the Code of Civil Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor.

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