Property attached before judgment not to be re-attached in execution of decree
Full Text
Where property is under attachment by virtue of the provisions of this order and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply for a re-attachment of the property.
Plain English Summary
Dispenses with the requirement of re-attaching property in execution if the property was already attached before judgment and a decree is subsequently passed in favour of the plaintiff.
Key Legal Elements
- Continuous Statutory Attachment: Pre-judgment attachment automatically continues into the execution stage upon passing of decree.
- Procedural Economy: Relieves decree-holder from obtaining fresh attachment warrants under Order XXI Rule 54.
- Direct Application for Sale: Decree-holder can directly apply for proclamation and sale under Order XXI Rule 64.
- Subsistence Condition: The attachment must have been legally subsisting on the date the decree was pronounced.
Practical Note
Seamless Transition to Execution Sale: 1. Automatic Continuation: Under Rule 11, the decree-holder does not need to waste time or incur fresh process fees for re-attachment. He can directly move under Order XXI Rule 64 for an order directing the attached property to be sold by court auction. 2. Continuity of Attachment: The attachment remains operative and preserves priority from the original date of pre-judgment attachment, defeating any subsequent encumbrances created by the judgment-debtor in the interim.
हिंदी पाठ
जहां इस आदेश के उपबंधों के आधार पर संपत्ति कुर्की के अधीन है और तत्पश्चात वादी के पक्ष में डिक्री पारित कर दी जाती है, वहां ऐसी डिक्री के निष्पादन के लिए आवेदन किए जाने पर संपत्ति की पुनः कुर्की के लिए आवेदन करना आवश्यक नहीं होगा।