Release of property from attachment [Omitted]
Full Text
[Release of property from attachment.]—Omitted by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977).
Plain English Summary
Rule 60, which formerly governed summary release of attached property upon finding possession with an objector, was omitted by the 1976 CPC Amendment and incorporated directly into the comprehensive adjudication framework of Rule 58(3)(a).
Key Legal Elements
- Historical Summary Release: Formerly ordered release based on prima facie possession without deciding title.
- Omitted by Act 104 of 1976 (w.e.f. 1-2-1977): Subsumed into consolidated Rule 58(3)(a) where title and possession are tried together.
Practical Note
Legislative History & Modern Remedy: Under the pre-1976 Code, an order under Rule 60 released property based on summary possession, forcing the decree-holder to file a regular suit under Rule 63. Today, relief is sought directly under Order XXI Rule 58(3)(a), resulting in a full decree.
हिंदी पाठ
[कुर्की से संपत्ति का छोड़ा जाना]—सिविल प्रक्रिया संहिता (संशोधन) अधिनियम, 1976 (1976 का 104) की धारा 72 द्वारा (1-2-1977 से) लोप किया गया।