RULE 8. 11. Once a property has been attached, any private alienation of such property by private transfer or delivery and any payment to the judgment debtor of any debt, dividend, etc., contrary to such attachment shall be void as against all claims enforceable under the attachment. Kitty Steels Limited , 22 April, 2002, that – ‘Order38 Rule 7 CPC provides that the attachment under Order38 Rule 5 shall be made in the manner provided in the attachment of property in execution decree’. Adjudication of claim to property attached before judgment. In the present case, considering the objections raised by the As was also held in the case: Surender Singh Bajaj v M/S. Order 21 Rule 58 of the CPC contemplates an adjudication when an objection to the attachment is raised by a party in the execution proceedings. 8. Order 38, Rule 11 CPC. A decree may be executed by attachment and sale or sale without attachment of any property. property liable to attachment and sale in execution of decree under section 60 of cpc This section declares what properties are liable to attachment and sale in execution of a decree and what properties are exempt properties attachable under this section are declared to be not attachable in execution of decree. 4.4 Decree for restitution of conjugal rights Decree for restitution of conjugal right may be enforced against husband by attachment of property. The Appellate Court dismissed the appeal and in the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it. (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to Li clause (e) of section 94] and sections 96 to 112 and 115. Section 65 to 73 and rules 64 to 94 of Order 21 deals with the subject relating to sale of movable and immovable property. 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 a application for execution of such decree to apply for a re-attachment of the property. 61. (i) orders for the attachment of immovable property, (ii) injunctions. Power of court: Rule 64-65 Rule 64: a court may sell the property, which he has taken into custody under an attachment under order 60. Cpc learning module 5 execution ... or by attachment of property or by both. These have been enumerated in Sec. 63. Section 60(1) authorises, subject to certain exceptions, the attachment and sale of the property of the judgement-debtor. The execution of a decree is generally through attachment and sale of property. Property attached before judgment not to be re-attached in execution of decree. 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