Sections 63 and 64 CPC: Multiple Attachments and Private Transfer After Attachment

Sections 63 and 64 of the Code of Civil Procedure, 1908 govern two important aspects of attachment in execution proceedings. Section 63 identifies the Court that will receive or realize property and decide attachment-related claims when the same property is attached under decrees of more than one Court. Section 64 deals with the effect of private transfers, deliveries and certain payments made after attachment.

Current central law: The official India Code text continues to contain Sections 63 and 64 in this form. Section 64(2) preserves a private transfer or delivery made pursuant to a contract that was entered into and registered before the attachment.

Section 63 CPC - 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 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.

Meaning and effect of Section 63

  • If the same property is attached in execution of decrees of more than one Court, Section 63 determines which Court will receive or realize the property and decide claims or objections concerning the attachment.
  • Priority is given to the Court of the highest grade.
  • If the Courts are of the same grade, the relevant Court is the one under whose decree the property was first attached.
  • Proceedings taken by another Court executing one of the decrees are not automatically invalidated, subject to the statutory Explanation.

Section 64 CPC - Private Alienation of Property After Attachment to Be Void

(1) Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein 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.

(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment.

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

Meaning and effect of Section 64

  • After attachment, a private transfer or delivery of the attached property or an interest in it is ineffective against claims enforceable under the attachment.
  • The section also covers payment to the judgment-debtor of a debt, dividend or other monies contrary to the attachment.
  • The statutory exception in Section 64(2) applies where the transfer or delivery is made pursuant to a contract entered into and registered before the attachment.
  • The Explanation expressly includes claims for rateable distribution of assets among claims enforceable under an attachment.

Legislative Note

Section 64 was renumbered as sub-section (1) by the Code of Civil Procedure (Amendment) Act, 2002, and sub-section (2) was inserted by the same amendment with effect from 1 July 2002. The Explanation to Section 63(2) was inserted by the 1976 amendment with effect from 1 February 1977.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.