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SECTION 63, 64 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning Property attached in execution of decrees of several Courts? What is the meaning Private alienation of property after attachment to be void? Section 63 and 64 of Code of Civil Procedure 1908

Property attached in execution of decrees of several Courts and Private alienation of property after attachment to be void are defined under Section 63 and 64 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 63 of Code of Civil Procedure 1908 "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 realize such property and shall determine any claim thereto 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.

Section 64 of Code of Civil Procedure 1908 "Private alienation of property after attachment to be void"

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.

Explanation—For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.

Code of Civil Procedure 1908

What is Partial exemption of agricultural produce? What is Seizure of property in dwelling-house? Section 61 and 62 of Code of Civil Procedure 1908

What is the meaning Property attached in execution of decrees of several Courts? What is the meaning Private alienation of property after attachment to be void? Section 63 and 64 of Code of Civil Procedure 1908

What is Purchaser's title? What is the Power for State Government to make rules as to sales of land in execution of decrees for payment of money? Section 65 and 67 of Code of Civil Procedure 1908

What is the meaning Proceeds of execution-sale to be reateably distributed among decree-holders? What is Resistance to execution? Section 73 and 74 of Code of Civil Procedure 1908

What is the Power of court to issue commissions? What is Commission to another Court? Section 75 and 76 of Code of Civil Procedure 1908

What is Letter of request? What is the meaning Commissions issued by foreign Courts? Section 77 and 78 of Code of Civil Procedure 1908

How to file Suits by or against Government? How to issue Notice? Section 79 and 80 of Code of Civil Procedure 1908


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