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.

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